(PC) Witkin v. Wise et al, No. 2:2019cv00974 - Document 14 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/17/19 RECOMMENDING that the conspiracy claim raised in the 12 Amended Prisoner Civil Rights be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Benson, A.)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL WITKIN, 12 Plaintiff, 13 v. 14 D. WISE, et al., 15 No. 2: 19-cv-0974 KJM KJN P FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. The undersigned has separately issued an order screening plaintiff’s 19 amended complaint. For the reasons stated in that order, the undersigned recommends dismissal 20 of plaintiff’s conspiracy claim brought pursuant to 42 U.S.C. § 1985(3). 21 22 Accordingly, IT IS HEREBY RECOMMENDED that the conspiracy claim raised in the amended complaint be dismissed. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 28 failure to file objections within the specified time may waive the right to appeal the District 1 1 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 2 Dated: October 17, 2019 3 4 5 6 7 Wit974.56 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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