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Batten v. Shasta County Jail

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


December 15, 2009

WESLEY C. BATTEN, PLAINTIFF,
v.
SHASTA COUNTY JAIL, ET AL., DEFENDANTS.

FINDINGS AND RECOMMENDATIONS

Plaintiff is a civil detainee without counsel suing for alleged civil rights violations. See 42 U.S.C. § 1983. By order filed November 24, 2009, the court found that plaintiff had stated cognizable Fourteenth Amendment substantive due process claims against the named defendants and informed plaintiff he could proceed on those claims only or file an amended complaint that also states a cognizable equal protection claim. The court also informed plaintiff that the court would consider his decision to proceed against the named defendants on his due process claims only as consent to the dismissal of the his equal protection claim without prejudice. On December 4, 2009, plaintiff returned documents for service against the named defendants.

Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's equal protection claim 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-one 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).

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