(PC) Walker v. Secretary of Corrections

Good Law
United States District Court, Eastern District of CaliforniaMarch 2, 20232:21-cv-00364California2,217 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 G. DANIEL WALKER, No. 2:21-cv-0364 TLN AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SECRETARY OF CORRECTIONS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action seeking relief under 42 U.S.C. § 1983. The case was removed from state to federal court pursuant to 28 U.S.C. §§ 1441(a) and 1446 (ECF No. 1 at 1), and it was subsequently referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 13, 2023, the complaint was screened, and plaintiff was ordered to inform the court whether he wished to proceed on the claims the court had found appropriate for service, or to file an amended complaint. ECF No. 6 at 9. Plaintiff was given fourteen days to inform the court of his decision. At that time, he was also told that his failure to timely inform the court would result in a recommendation that certain claims and…

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