(PC) Samuels v. CHC Facility, No. 2:2018cv01107 - Document 23 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 RECOMMEDNING Plaintiff's claims against defendant Martel be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Samuels v. CHC Facility Doc. 23 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOE SAMUELS, 12 13 14 15 No. 2:18-cv-1107-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CHC FACILITY, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought 18 under 42 U.S.C. § 1983. On October 11, 2018, the court determined that service of the complaint 19 is appropriate for defendants Battle, Barocio, Shadrick, and Seninia, but not for defendant Martel. 20 ECF No. 16. The court informed plaintiff he could proceed with his claims against defendants 21 Battle, Barocio, Shadrick, and Seninia, or file an amended complaint within 30 days. Id. The 22 time for amending has passed and plaintiff has elected to proceed only with the claims against 23 defendants Battle, Barocio, Shadrick, and Seninia. See ECF No. 19. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendant Martel be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 1 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: November 26, 2018. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2