(PC) Curry v. Sessions ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN INDIANA CURRY, No. 2:20-cv-227-TLN-EFB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SESSIONS, et al., 15 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 March 26, 2020, the court determined that plaintiff’s complaint had 19 alleged, for screening purposes, viable Eighth Amendment claims against defendants Sanders, 20 Sessions, Pyett, and Williams, but had not alleged any viable claims against any other defendants. 21 ECF No. 7. The court informed plaintiff he could proceed with the viable claims only or file an 22 amended complaint within 30 days. Id. Plaintiff has elected to proceed only with the viable 23 claim against defendants Sanders, Sessions, Pyett, and Williams. ECF No. 13. 24 Accordingly, IT IS RECOMMENDED that plaintiff’s claims against defendants Jones, 25 Pimentel, Scott, Oram, and Pitts 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 2 OU UV PRINCE BP MMVUEEOCTIL 2 PI ere PAY ee 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. YIst, 951 F.2d 1153 (9th Cir. 1991). 6 || Dated: April 28, 2020. 7 tid. HDeMA 8 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28