Garcia v. Clark, et al.

Filing 18

ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS Dismissing Certain Claims and Defendants, signed by Judge Oliver W. Wanger on 11/4/2010. Defendants Quintana, Sheron, Ken Clark and J. Lais are dismissed for failure to state a claim. (Jessen, A)

(PC) Garcia v. Clark, et al.

Doc. 18

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 v. 12 KEN CLARK, et al., 13 Defendants. 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff William P. Garcia ("Plaintiff") is a California state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. first amended complaint. On May 24, 2010, Plaintiff filed his (DOC. 20) WILLIAM P. GARCIA, Plaintiff, 1:10-CV-00447-OWW-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS

The matter was referred to a United

States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 20, 2010, the Magistrate Judge filed a Findings and Recommendations herein which was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff

did not file an Objection to the Findings and Recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of this case. 1 Having

Dockets.Justia.com

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carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, filed September 20, 2010, is adopted in full; 2. This action proceed against Defendants Palmer, Tolson, Turner, C. Walter, Santos, D. Ibarra, S. Knight, Sanez, F. Diaz, and K. Allison for violation of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, and the Religious Land Use and

Institutionalized Persons Act of 2000; and 3. Defendants Quintana, Sheron, Lais, and Ken Clark are dismissed for failure to state a claim upon which relief may be granted. IT IS SO ORDERED. Dated: November 4, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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