(PC) Loyd v. Kelso et al, No. 2:2018cv01867 - Document 17 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/28/2019 RECOMMENDING that claims against defendants Kelso, Spearman, and Murray be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Washington, S)
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(PC) Loyd v. Kelso et al Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL RAY LLOYD, 12 13 14 15 No. 2:18-cv-1867-MCE-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. CLARK KELSO, 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. By order filed February 14, 2019, the court found that service of the 19 complaint is appropriate for defendants Abdur-Rahman and Miranda. ECF No. 10. The court 20 informed plaintiff he could proceed against defendants Abdur-Rahman and Miranda or file an 21 amended complaint within 30 days that also states a claim against defendants Kelso, Spearman, 22 and Murray. Id. The time for amending has passed and plaintiff has elected to proceed only with 23 the claim against defendants Abdur-Rahman and Miranda. See ECF No. 14. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Kelso, Spearman, and Murray 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: March 28, 2019. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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