Opinion

(PC) Casto v. Newsom

Court
District Court, E.D. California
Filed
Jul 20, 2020
Cited by
0 cases
Authority
More cited than 17.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 HERSHEL WAYNE CASTO, II, No. 2:19-cv-2209-EFB P

12 Plaintiff,

13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 GAVIN NEWSOM, et al.,

15 Defendants.

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17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought

18 under 42 U.S.C. § 1983. On July 6, 2020, the court informed plaintiff he could proceed with

19 viable Eighth Amendment claims against defendants Smith, Bal, Hernandez, Bentz, Matharu,

20 Rudis, Oania, Jane Does 1-3, Perez, and Clark-Barlow and First Amendment retaliation claims

21 against defendants Matharu and Smith, or file an amended complaint. ECF No. 10. Plaintiff has

22 elected not to amend his complaint and to proceed only with the claims identified by the court as

23 viable. ECF No. 11.

24 Accordingly, IT IS ORDERED that the Clerk of the Court randomly assign a United

25 States District Judge to this action.

26 /////

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wOAOe 2 LUV VMELYVYUING VE MVOC tO PIR ee YY eT

1 Further, IT IS RECOMMENDED that plaintiffs claims against defendants Joe Lizarraga,

2 | J. Clark-Kelso, Diaz, Jerry Brown, Gavin Newsom, Paul Covello, and R. Burton be dismissed

3 || without prejudice.

4 These findings and recommendations are submitted to the United States District Judge

5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days

6 || after being served with these findings and recommendations, any party may file written

7 || objections with the court and serve a copy on all parties. Such a document should be captioned

8 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

9 | within the specified time may waive the right to appeal the District Court’s order. Turner v.

10 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).

11 || Dated: July 20, 2020.

12 Eg Vente, 4 hb LH AL

13 EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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