Kindred v. California Department of Mental Health et al

Filing 59

ORDER adopting 54 FINDINGS AND RECOMMENDATIONS signed by Senior Judge Anthony W. Ishii on 11/7/2012. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD KINDRED,

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Plaintiff,

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vs.
CALIFORNIA DEPARTMENT
DEPARTMENT OF MENTAL
HEALTH, et al.,

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1:08-cv-01321-AWI-GSA-PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 54.)
ORDER FOR THIS ACTION TO PROCEED
ONLY AGAINST DEFENDANTS DEVINE
AND FIELDS, UNDER 42 U.S.C. § 1983,
ON PLAINTIFF'S FIRST AMENDMENT
CLAIM FOR MONETARY DAMAGES

Defendants.
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ORDER DISMISSING ALL REMAINING
CLAIMS FROM THIS ACTION
_____________________________/
Richard Kindred (“Plaintiff”) is a civil detainee proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant

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to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.

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On September 27, 2102, findings and recommendations were entered, recommending that

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this action proceed only against defendants Devine and Fields, under § 1983 for damages, on

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Plaintiff's First Amendment claim for violation of his rights to freely exercise his religion, and that

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all other claims be dismissed from this action. Plaintiff was provided an opportunity to file

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objections to the findings and recommendations within thirty days. To date, Plaintiff has not filed

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objections or otherwise responded to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, this

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

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Court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations issued by the Magistrate Judge on September 27,
2012, are adopted in full;

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This action now proceeds only against defendants Devine and Fields under § 1983 for

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monetary damages, for the violation of Plaintiff's First Amendment rights to freely

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exercise his religion;

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3.

All remaining claims are dismissed from this action;

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4.

Plaintiff's remaining RLUIPA claims, official capacity claims, and claims for

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declaratory relief are dismissed from this action for failure to state a claim; and
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This case is referred back to the Magistrate Judge for further proceedings.

IT IS SO ORDERED.

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Dated:
0m8i78

November 7, 2012
UNITED STATES DISTRICT JUDGE

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