(PC) Mills v. Los Angeles Superior Court et al, No. 2:2017cv02667 - Document 50 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/16/2018 RECOMMENDING plaintiff's claim for damages regarding his L.A. County conviction be dismissed; defendant CDCR be dismissed; and plaintiff's request for release from prison based on the alleged invalidity of his L.A. County conviction be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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(PC) Mills v. Los Angeles Superior Court et al Doc. 50 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH MILLS, 12 13 14 15 No. 2:17-cv-2667 MCE KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LOS ANGELES COUNTY SUPERIOR COURT, et al., Defendants. 16 17 18 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action brought 19 pursuant to 42 U.S.C. § 1983. The undersigned has separately issued an order screening the 20 complaint. In this order, the undersigned found that plaintiff’s claim for damages regarding his 21 Los Angeles County conviction was improperly joined with his claim challenging conditions at 22 the California Medical Facility (“CMF”). For the reasons stated in that order, the undersigned 23 herein recommends dismissal of the claim for damages regarding plaintiff’s Los Angeles County 24 conviction. 25 In the screening order, the undersigned also found that plaintiff’s claims against defendant 26 California Department of Corrections and Rehabilitation (“CDCR”) were barred by the Eleventh 27 Amendment. For the reasons stated in that order, the undersigned herein recommends dismissal 28 of defendant CDCR. 1 Dockets.Justia.com 1 Finally, in the screening order, the undersigned found that plaintiff’s request for release 2 from prison, based on the alleged invalidity of his Los Angeles County Superior Court 3 conviction, was not properly brought in this civil rights action. For the reasons stated in that 4 order, the undersigned herein recommends dismissal of this claim. 5 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claim for damages 6 regarding his Los Angeles County conviction be dismissed; defendant CDCR be dismissed; and 7 plaintiff’s request for release from prison based on the alleged invalidity of his Los Angeles 8 County conviction be dismissed. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 11 after being served with these findings and recommendations, plaintiff may file written objections 12 with the court and serve a copy on all parties. Such a document should be captioned 13 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 14 failure to file objections within the specified time may waive the right to appeal the District 15 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 Dated: May 16, 2018 17 18 19 20 21 22 Mill2667.fr kc 23 24 25 26 27 28 2
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