(PC) Cuentas v. Covello et al, No. 2:2021cv00252 - Document 14 (E.D. Cal. 2022)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/17/2022 ORDERING the Clerk to appoint a district judge to this action, and RECOMMENDING all claims in the second amended complaint, but for the claim alleging that defendant Vovkulin retaliated against plaintiff by confiscating his T.V. and destroying his legal property, be dismissed. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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(PC) Cuentas v. Covello et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL CUENTAS, 12 Plaintiff, 13 14 No. 2: 21-cv-0252 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS P. COVELLO, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. The undersigned separately issued an order addressing plaintiff’s second 19 amended complaint. In this order, the undersigned found that plaintiff’s second amended 20 complaint stated a potentially colorable retaliation claim against defendant Vovkulin based on the 21 alleged confiscation of plaintiff’s T.V. and destruction of plaintiff’s legal property during a cell 22 search. The undersigned ordered service of defendant Vovkulin as to this claim. The 23 undersigned found that the remaining claims in the second amended complaint did not state 24 potentially colorable claims for relief. For the reasons stated in the separately issued order, the undersigned herein recommends 25 26 dismissal of all claims in the second amended complaint except for the potentially colorable 27 retaliation claim against defendant Vovkulin. 28 //// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and 3 IT IS HEREBY RECOMMENDED that all claims in the second amended complaint, but 4 for the claim alleging that defendant Vovkulin retaliated against plaintiff by confiscating his T.V. 5 and destroying his legal property, be dismissed. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, plaintiff may file written objections 9 with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 11 failure to file objections within the specified time may waive the right to appeal the District 12 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 Dated: June 17, 2022 14 15 16 17 18 19 20 Cuen252.fr 21 22 23 24 25 26 27 28 2
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