(PC) Rodriguez v. Henry ( 2021 )

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JULIAN RODRIGUEZ, No. 2:20-CV-1659-JAM-DMC-P 11 Plaintiff, 12 v. FINDINGS AND RECOMENDATIONS 13 D. HENRY, et al., 14 Defendants. 15 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 17 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint (ECF No. 13). 18 Plaintiff erroneously listed Rodriguez and Poppachan as defendants in this matter. 19 Plaintiff merely wanted the Court to note that Rodriguez and Poppachan are witnesses to 20 Plaintiff’s claims. 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that Rodriguez and 2 | Poppachan be dismissed as defendants to this action, with prejudice. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written 6 | objections with the court. Responses to objections shall be filed within 14 days after service of 7 | objections. Failure to file objections within the specified time may waive the right to appeal. See 8 | Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: October 6, 2021 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28