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Tucker v. California Dep't of Corrections

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


March 10, 2010

WILLIAM TERRELL TUCKER, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL, DEFENDANTS.

FINDINGS AND RECOMMENDATIONS

Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 U.S.C. § 1983. By order filed February 22, 2010, the court found that plaintiff had stated sufficient charging allegations against defendant Nangalama and informed plaintiff he could proceed against that defendant only or file an amended complaint that also states a claim against defendants McAlpine and Lamb. The court also informed plaintiff that the court would consider his decision to proceed only as to defendant Nangalama as consent to the dismissal of the other named defendants. On February 26, 2010, plaintiff returned documents for service against defendant Nangalama.

Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's claims against defendants McAlpine and Lamb 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 fourteen 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).

20100310

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