Robert R. Snyder v. CA Dept. of Corrections and Rehabilitation et al

Filing 50

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Philip S. Gutierrez for Interim Report and Recommendation (Issued) 44 . See Order for complete details. (dml)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROBERT R. SNYDER,
Plaintiff,

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v.

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Case No. CV 18-01223 PSG (RAO)

CA DEPT. OF CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff’s Second
Amended Complaint (“SAC”), the Interim Report and Recommendation of the
United States Magistrate Judge (“Interim Report”), Plaintiff’s Objections, and all
other records and files herein. Further, the Court has made a de novo determination
of those portions of the Interim Report to which objections have been made. The
Court is not persuaded by Plaintiff’s objections and hereby accepts and adopts the
Magistrate Judge’s findings, conclusions, and recommendations.
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Accordingly, IT IS ORDERED that:

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(1) Plaintiff’s First Amendment retaliation claims against Defendants

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Floercky, Phillips, Ward and Acuna are dismissed with prejudice and

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without leave to amend;

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(2) Plaintiff’s First Amendment access to courts claims are dismissed with
prejudice and without leave to amend;

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(3) Plaintiff’s Eighth Amendment claims against Defendants Asuncion,

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Scheiffele, and Esquerra based on housing assignments with incompatible

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inmates are dismissed with prejudice and without leave to amend;

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(4) Plaintiff’s Fourteenth Amendment claims are dismissed with prejudice and
without leave to amend; and
(5) The magistrate judge shall direct service of process on Defendants in their
individual capacities.

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DATED: 7/15/19

___________________________________
PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE

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