(PC) Witkin v. Wise

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL WITKIN, No. 2: 19-cv-0974 KJM KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS D. WISE, et al., 15 Defendants.

17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. The undersigned has separately issued an order screening plaintiff’s amended complaint. For the reasons stated in that order, the undersigned recommends dismissal of plaintiff’s conspiracy claim brought pursuant to 42 U.S.C. § 1985(3).

21 Accordingly, IT IS HEREBY RECOMMENDED that the conspiracy claim raised in the amended complaint be dismissed.

23 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, plaintiff 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.” 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. Y1st, 951 F.2d 1153 (9th Cir. 1991).

2 || Dated: October 17, 2019 ; Frese Arn 4 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE Wit974.56