Lee v. Alamedia, et al

Filing 45

ORDER Adopting Findings & Recommendations 41 , signed by District Judge Lawrence J. O'Neill on 8/26/2010. Defendants Alameida, Adams, Duncan, March, Johnson, Abbati-Harlow, Akin and Ramirez are dismissed. (Verduzco, M)

(PC) Lee v. Alamedia, et al

Doc. 45

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 17 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 18 302. 19 On June 29, 2010, findings and recommendations were entered, recommending dismissal 20 of certain claims and defendants. Plaintiff was provided an opportunity to file objections within 21 thirty days. On July 20, 2010, Plaintiff filed objections to the findings and recommendations. 22 The Court has noted Plaintiff's objections. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 24 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 court finds the findings and recommendations to be supported by the record and proper analysis. 26 Accordingly, THE COURT HEREBY ORDERS that: 27 1. 28 The Findings and Recommendations issued by the Magistrate Judge on June 29, NORRIS LEE, ) ) Plaintiff, ) ) v. ) ) E. ALAMEIDA, et al., ) ) Defendants. ) ____________________________________) NO. 1:02 cv 05037 LJO GSA PC ORDER RE: FINDINGS & RECOMMENDATIONS Document # 41 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: b9ed48 4. 3. 2.

2010, are adopted in full; and This action proceeds on the March 23, 2010, second amended complaint against Defendants Hough, Garcia and White for failure to protect Plaintiff in violation of the Eighth Amendment. Plaintiff's supervisory claims and failure to train claims are dismissed, with prejudice, for failure to state a claim upon which relief may be granted under section 1983. Defendants Alameida, Adams, Duncan, March, Johnson, Abbati-Harlow, Akin and Ramirez are dismissed.

IT IS SO ORDERED. August 26, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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