Gonzales et al v. Cate et al

Filing 57

ORDER Adopting 56 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by Chief Judge Anthony W. Ishii on 05/17/2011. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

FRANK GONZALES,

10

Plaintiff,

11
12

CASE NO. 1:06-cv-1420-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

v.
MATTHEW CATE, et al.,

13

(ECF No. 56)

Defendants.
/

14
15

Plaintiff Frank Gonzales, a state prisoner proceeding pro se and in forma pauperis, has filed

16

this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

17

States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

18

On April 5, 2011, the Magistrate Judge filed a Findings and Recommendation herein which

19

was served on Plaintiff and contained notice to Plaintiff that any objection to the Findings and

20

Recommendation was to be filed within thirty days. More than thirty days have passed and Plaintiff

21

has not filed an Objection.

22

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this Court

23

has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court

24

finds the Findings and Recommendations to be supported by the record and by proper analysis.

25

///

26

///

27

///

28

///
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendation, filed April 5, 2011, is adopted in full;

3

2.

This action shall proceed on Plaintiff’s Third Amended Complaint, filed December

4

24, 2009, against Defendants Lantz, Garrison, Nichols, Deathriage, and Govea for

5

violation of the First and Eighth Amendments, and against Defendants Garza,

6

Franco, Mayes, Cate, Fernando, Marrujo, and Fuentes for violating the First

7

Amendment;

8

3.

9

All other claims in Plaintiff’s Third Amended Complaint are DISMISSED WITH
PREJUDICE for failure to state a claim upon which relief could be granted;

10

4.

All other Defendants are DISMISSED as party-Defendants; and

11

5.

Service shall be ordered on Defendants Lantz, Garrison, Nichols, Deathriage, Govea,

12

Garza, Franco, Mayes, Cate, Fernando, Marrujo, and Fuentes.

13
14

IT IS SO ORDERED.

15
16

Dated:
0m8i78

May 17, 2011
CHIEF UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2