(PC) Howell v. Conrad ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KAREEM J. HOWELL, No. 2:19-cv-2551 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CONRAD, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims officers refused to give him his property in retaliation for filing 19 staff complaints and civil suits. 20 On January 25, 2021, plaintiff filed a notice of voluntary dismissal. (ECF No. 22.) 21 Thereafter, the court directed defendants to indicate whether they had any objection to plaintiff’s 22 dismissal. (ECF No. 23.) Defendants1 Baker, A. Konrad, Nelson, and Tillo have filed a 23 statement of non-opposition and also filed a notice of voluntary dismissal with prejudice signed 24 by the plaintiff. Defendants have not indicated in this action whether they consent or decline to 25 //// 26 1 Upon screening the complaint, the court found plaintiff had not stated a claim against defendant 27 Baughman. (ECF No. 8 at 6.) Plaintiff was given the option to proceed with the complaint as screened or to file an amended complaint. (Id. at 8.) Plaintiff elected to proceed with the 28 complaint as screened and voluntarily dismiss all other claims and defendants. (ECF No. 11.) 1 | consent to magistrate jurisdiction. In light of the lack of consent, the court will recommend that 2 | this action be dismissed in light of plaintiff's notice and defendants’ statement of non-opposition. 3 IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a District Judge 4 | to this action; and 5 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with 6 || prejudice. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty (30) days 9 | after being served with these findings and recommendations, any party may file written 10 || objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 || objections shall be served and filed within fourteen days after service of the objections. The 13 || parties are advised that failure to file objections within the specified time may waive the right to 14 | appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 || Dated: February 12, 2021 17 18 ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 DB:12 26 || □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ .f&r.dism 27 28