(PC)Saenz v. California Department of Corrections ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY SAENZ, No. 2: 19-cv-1262 KJM KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 On September 23, 2019, the undersigned issued an order finding that plaintiff’s complaint 19 stated potentially colorable claims against defendants Kendall and Negrete for excessive force in 20 violation of the Eighth Amendment. (ECF No. 7.) The undersigned dismissed, with leave to 21 amend, the claims against defendants Hough, June, Coder and Fregoso. (Id.) The undersigned 22 also dismissed, with leave to amend, the claims against defendants Negrete, O’Boyle, Kendall, 23 Green and King based on the alleged confiscation of plaintiff’s property. (Id.) The undersigned 24 granted plaintiff thirty days to file either an amended complaint or return the notice for service of 25 the potentially colorable Eighth Amendment claims against defendants Kendall and Negrete. 26 (Id.) 27 On September 24, 2019, the Clerk of the Court re-served plaintiff with the September 23, 28 2019 order. Thirty days passed from September 24, 2019, and plaintiff did not file an amended 1 | complaint or return the notice for service of the potentially colorable Eighth Amendment claims 2 | against defendants Kendall and Negrete. 3 According, IT IS HEREBY RECOMMENDED that this action be dismissed without 4 | prejudice. See Fed. R. Civ. P. 41(b). 5 These findings and recommendations will be submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 7 | after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court. The document should be captioned “Objections to Findings and 9 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 || may waive the right to appeal the District Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th 11 | Cir. 1991). 12 | Dated: November 6, 2019 8 Aectl Aharon 14 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 15 16 7 Saenz1262.fusm 18 19 20 21 22 23 24 25 26 27 28