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Brian Darnell Edwards v. High Desert State Prison

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


May 4, 2011

BRIAN DARNELL EDWARDS, PLAINTIFF,
v.
HIGH DESERT STATE PRISON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Pursuant to this court's screening of plaintiff's amended complaint pursuant to 28 U.S.C. § 1915A(a), the court found that the amended complaint states potentially cognizable claims against defendants Turner-Gambery, Cheney, Mitchell and Swingle, but did not state a claim against defendant McDonald. (Dkt. No. 14.) The court gave plaintiff the option of proceeding on his amended complaint or filing a second amended complaint that added a cognizable claim against defendant McDonald. Plaintiff chose to proceed on his amended complaint against defendants Turner-Gambery, Cheney, Mitchell and Swingle, effectively choosing to terminate this action against defendant McDonald.

Accordingly, IT IS HEREBY RECOMMENDED that defendant McDonald be dismissed from this action.

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 21 days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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20110504

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