(PC) Lovell v. Wakabayashi et al, No. 2:2019cv01555 - Document 12 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/15/19 RECOMMENDING that defendant Claudine, a certified nurse at the Solano County Jail, be dismissed from this action without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

Download PDF
(PC) Lovell v. Wakabayashi et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ANTHONY LOVELL II, 12 Plaintiff, 13 14 No. 2:19-cv-1555 JAM AC P v. FINDINGS AND RECOMMENDATIONS N. WAKABAYASHI, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 complaint filed pursuant to 42 U.S.C. § 1983, which challenges conditions of his prior 19 confinement in the Solano County Jail. This action is referred to the undersigned United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). By order filed September 25, 2019, this court screened plaintiff’s complaint pursuant to 28 21 22 U.S.C. § 1915A and found that it states cognizable claims against defendants Guzman, Greiner 23 and Wakabayashi, but not against a nurse identified only as “Claudine.” See ECF No. 8 at 4-6. 24 The court provided plaintiff the options of (1) proceeding on his original complaint against all of 25 the defendants except Claudine, or (2) filing a First Amended Complaint. Plaintiff has chosen to 26 proceed on his original complaint only against defendants Guzman, Greiner and Wakabayashi. 27 See ECF No. 11. 28 //// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that defendant “Claudine,” a certified nurse at the Solano County Jail, be dismissed from this action without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 5 days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: November 15, 2019 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 DAVID ANTHONY LOVELL II, 9 10 11 No. 2:19-cv-1555 JAM AC P Plaintiff, v. NOTICE OF ELECTION N. WAKABAYASHI, et al., 12 Defendants. 13 14 15 In compliance with the court’s order filed ___________________, plaintiff elects to: __________ 16 Proceed on his original complaint against defendants Guzman, Greiner and Wakabayashi, for whom the following service documents are submitted herewith: 17 ________ ________ ________ 18 19 OR 20 21 One (1) completed summons form Three (3) completed USM-285 forms (one for each defendant) Four (4) copies of the endorsed original complaint __________ Proceed on a First Amended Complaint (FAC), submitted herewith. 22 23 24 _____________________________ Date ______________________________ Plaintiff 25 26 27 28 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.