(PC) Lovest v. Larosa ( 2020 )


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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 ANTWONE LOVEST, No. 2:19-cv-1060-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 RALPH DIAZ, 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 April 15, 2020, the court determined that plaintiff’s complaint had 19 alleged, for screening purposes, viable equal protection and retaliation claims against defendant 20 LaRosa, but had not alleged any viable claims against any other defendants. ECF No. 20. The 21 court informed plaintiff he could proceed with the viable claims only or file an amended 22 complaint within 30 days. Id. Plaintiff has elected to proceed only with the viable claims against 23 defendant LaRosa. ECF No. 21. 24 Accordingly, it is hereby ORDERED that the Clerk shall randomly assign a United States 25 District Judge to this case. 26 ///// 27 ///// 28 2 VEY PRINCE MVOC Ge PI Te AY ee 1 Further, it is RECOMMENDED that plaintiff’s claims against defendants Diaz, Lizarraga, 2 | Knight, Charon, and Walizer be dismissed 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)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party 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.” Failure to file objections 8 || within the specified time may waive the right to appeal the District Court’s order. Turner □□□ 9 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 10 || Dated: May 4, 2020. i tid, PDEA D EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:19-cv-01060

Filed Date: 5/4/2020

Precedential Status: Precedential

Modified Date: 6/19/2024