Opinion
Case No. 1:18-cv-00066-AWI-JDP
05-08-2019
LARRY HENDRIX, Plaintiff, v. ROSA GONZALEZ, et al., Defendants.
FINDINGS AND RECOMMENDATIONS THAT DEFENDANTS' PARTIAL MOTION TO DISMISS BE DENIED AS MOOT FOURTEEN-DAY DEADLINE ECF No. 17
Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On May 6, 2019, plaintiff voluntarily dismissed his claims for intentional infliction of emotional distress. ECF No. 26. Accordingly, the court recommends that defendants' partial motion to dismiss plaintiff's claims for intentional infliction of emotional distress, ECF No. 17, be denied as moot. The action should proceed only on plaintiff's First Amendment and Eighth Amendment claims.
The undersigned submits the findings and recommendations to the district judge under 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of California. Within fourteen days of the service of the findings and recommendations, the parties may file written objections to the findings and recommendations with the court and serve a copy on all parties. That document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." The district judge will review the findings and recommendations under 28 U.S.C. § 636(b)(1)(C). The parties' failure to file objections within the specified time may result in the waiver of rights on appeal. See Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014). IT IS SO ORDERED. Dated: May 8, 2019
/s/_________
UNITED STATES MAGISTRATE JUDGE No. 203