Jeremy J. Foster v. J. Triplett et al

Filing 29

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge R. Gary Klausner: IT IS ORDERED that the following claims are dismissed with prejudice: (a) plaintiff's due process claims against N. Canisalez, E. Rogers, D. Scheiffele, J. Gastelo, D. Fost on, and M. Voong; (b) plaintiff's claim that J. Steck violated his due process rights by signing the RVR as part of the pre-hearing review; (c) plaintiff's Eighth Amendment and Fourth Amendment claims based on the RVR punishments; and (d) plaintiff's Eighth Amendment medical needs claims. (jm)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

JEREMY J. FOSTER,

12

Plaintiff,

13
14

v.
J. TRIPLETT, et al.,

15

Defendants.

16

)
)
)
)
)
)
)
)
)
)

No. CV 17-8796 RGK (FFM)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE

17
18

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

19

Complaint, all the records and files herein, and the Report and Recommendation of

20

United States Magistrate Judge. Plaintiff has not filed any written objections to the

21

Report. The Court concurs with and accepts the findings, conclusions and

22

recommendations of the Magistrate Judge.

23

IT IS ORDERED that the following claims are dismissed with prejudice:

24

(a)

Scheiffele, J. Gastelo, D. Foston, and M. Voong;

25
26
27
28

plaintiff’s due process claims against N. Canisalez, E. Rogers, D.

(b)

plaintiff’s claim that J. Steck violated his due process rights by signing the
RVR as part of the pre-hearing review;

1

(c)

2
3

plaintiff’s Eighth Amendment and Fourth Amendment claims based on the
RVR punishments; and

(d)

plaintiff’s Eighth Amendment medical needs claims.

4
5

DATED: February 5, 2019

6
R. GARY KLAUSNER
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2