Adams v. Yates et al
Filing
36
FINDINGS and RECOMMENDATIONS recommending that Certain Claims and Defendants be DISMISSED re 33 Second Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Michael J. Seng on 11/28/2012. Referred to Judge Ishii. Objections to F&R due within fourteen (14) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 RICKEY ADAMS,
1:10-cv-0671-AWI-MJS (PC)
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FINDINGS AND RECOMMENDATIONS
FOR DISMISSAL OF CERTAIN OF
PLAINTIFF’S CLAIMS AND DEFENDANTS
Plaintiff,
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v.
(ECF Nos. 34 & 35)
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15 J. YATES, et al.,
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Defendants.
17 _____________________________/
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Plaintiff Rickey Adams (“Plaintiff”) is a state prisoner proceeding pro se in a civil
19 rights action pursuant to 42 U.S.C. § 1983.
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On August 30, 2012, after reviewing Plaintiff’s Second Amended Complaint, the
21 Court ordered Plaintiff to either file an amended complaint or notify the Court of his
22 willingness to proceed only on his post-November 2008 First Amendment retaliation claim
23 against Defendants Erickson, Rumbles, and Brumbaugh. (ECF No. 34.) On September
24 24, 2012, Plaintiff notified the Court of his willingness to forgo a third amended complaint
25 and proceed with his post-2008 First Amendment retaliation claim. (ECF No. 35.)
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Accordingly, all claims and Defendants in Plaintiffs Second Amended Complaint,
27 except for his post-November 2008 First Amendment retaliation claim against Defendants
28 Erickson, Rumbles, and Brumbaugh, should now be dismissed.
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The Court hereby RECOMMENDS the following:
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retaliation claim against Defendants Erickson, Rumbles, and Brumbaugh;
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Plaintiff’s pre-November 2008 First Amendment retaliation claim against
Defendants Erickson, Rumbles, and Brumbaugh be dismissed;
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Plaintiff be allowed to proceed on his post-November 2008 First Amendment
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Plaintiff’s Fourteenth Amendment due process claim regarding prison
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grievance procedures against Defendants Yates, Huckabay, and Grannis be
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dismissed;
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4.
Plaintiff’s Fourteenth Amendment due process claim regarding false rules
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violation reports against Defendants Erickson, Rumbles, and Brumbaugh be
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dismissed;
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Brumbaugh, Huckabay, Grannis, and Hubbard be dismissed; and
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Plaintiff’s conspiracy claim against Defendants Yates, Erickson, Rumbles,
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Defendants Yates, Huckabay, Grannis, and Hubbard be dismissed from the
action.
These Findings and Recommendations are submitted to the United States District
17 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1).
18 Within fourteen (14) days after being served with these Findings and Recommendations,
19 any party may file written objections with the Court and serve a copy on all parties. Such
20 a document should be captioned "Objections to Magistrate Judge's Findings and
21 Recommendations." The parties are advised that failure to file objections within the
22 specified time may waive the right to appeal the District Court's order. Martinez v. Y1 st,
23 951 F.2d 1153 (9th Cir. 1991).
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27 IT IS SO ORDERED.
28 Dated:
November 28, 2012
/s/
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Michael J. Seng
1 ci4d6
UNITED STATES MAGISTRATE JUDGE
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