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Lamon v. Stiles

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 13, 2009

BARRY LAMON, PLAINTIFF,
v.
C. STILES, ET AL., DEFENDANTS.

FINDINGS AND RECOMMENDATIONS

Plaintiff is a state prisoner without counsel suing under 42 U.S.C. § 1983. The court previously found service appropriate for defendants Stiles, Jaffe, Johnson, Curren, Stabbe, and Hewette, and concluded that plaintiff had failed to state a cognizable claim against defendants Welch, Flynt, or Sharbourn. Order filed January 18, 2007. On February 7, 2007, plaintiff filed a request for reconsideration of this order. On May 3, 2007, the district judge assigned to this action affirmed.

Accordingly, it is hereby RECOMMENDED that plaintiff's claims against defendants Welch, Flynt, and Sharbourn be dismissed without prejudice.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20090113

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