Strong v. Hubbard et al

Filing 20

ORDER Adopting Findings and Recommendations 19 Recommending Dismissal of Certain Claims and Referring Matter Back to Magistrate Judge to Initiate Service of Process, signed by District Judge Lawrence J. O'Neill on 12/29/2010. (Verduzco, M)

(PC) Strong v. Hubbard et al

Doc. 20

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 THIRTY-DAY DEADLINE 15 16 17 Plaintiff George Berry Strong ("Plaintiff") is a former state prisoner proceeding pro se and 18 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action 19 on January 17, 2008. (Doc. 1.) A first amended complaint was filed on August 12, 2009. (Doc. 15.) 20 On November 9, 2010, the Magistrate Judge screened Plaintiff's complaint, and found that it states 21 a claim against Defendants Hubbard and Clark for deliberate indifference in violation of the Eighth 22 Amendment, but does not state any other claims for relief under section 1983. 28 U.S.C. § 1915A. 23 Plaintiff was given thirty days to file an objection to the findings and recommendations and no 24 objection has been filed. (Doc. 19.) 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. 27 2009, against Defendants Hubbard and Clark for deliberate indifference in violation 28 1
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UNITED STATES DISTRICT COURT

GEORGE BERRY STRONG, Plaintiff, v. SUSAN HUBBARD, et al., Defendants.

CASE NO. 1:08-cv-00087-LJO-GBC PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND REFERRING MATTER BACK TO MAGISTRATE JUDGE TO INITIATE SERVICE OF PROCESS (Doc. 19) /

This action will proceed on Plaintiff's first amended complaint, filed August 12,

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of the Eighth Amendment; Plaintiff's equal protection claim is dismissed, with prejudice, for failure to state a claim under section 1983; and This matter is referred back to the Magistrate Judge to initiate service of process proceedings.

IT IS SO ORDERED. Dated: 66h44d December 29, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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