Price v. Cunningham et al

Filing 17

ORDER Adopting 13 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Anthony W. Ishii on 4/5/2010. (Sant Agata, S)

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 72-302. 19 On March 3, 2010, findings and recommendations were entered, recommending dismissal 20 of certain claims and defendants for failure to state a claim upon which relief can be granted. 21 Plaintiff was provided an opportunity to file objections within thirty days. Plaintiff has not filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 73-305, 24 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 25 the court finds the findings and recommendations to be supported by the record and proper 26 analysis. 27 28 FRED PRICE, ) ) Plaintiff, ) ) v. ) ) S. CUNNINGHAM, et al., ) ) Defendants. ) ____________________________________) 1:08 cv 00425 AWI YNP GSA (PC) ORDER RE: FINDINGS & RECOMMENDATIONS Document # 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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

Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on March 3, 2010, are adopted in full; and 2. This action proceeds on Plaintiff's complaint against Defendants Cunningham and Mullins for violations of the First and Eighth Amendments. 3. Plaintiff's Fourteenth Amendment claim is dismissed for failure to state a claim. 4. Defendants Gambline, Hartman, Mack, Large, Sailor, Lynker and Hopkins are dismissed based on Plaintiff's failure to state any claims against them.

IT IS SO ORDERED. Dated: 0m8i78 April 5, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

2