Adams v. Yates et al

Filing 37

ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants, signed by District Judge Anthony W. Ishii on 1/16/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICKEY ADAMS,

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1:10-cv-0671-AWI-MJS (PC)
Plaintiff,

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v.

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J. YATES, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 36)

Defendants.
_______________________________/

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Plaintiff Rickey Adams (“Plaintiff”) is a prisoner proceeding pro se in a civil rights action

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

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

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On November 28, 2012, the Magistrate Judge filed a Findings and Recommendations,

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recommending dismissal of certain of Plaintiff’s claims and Defendants. (ECF No. 36.) Plaintiff

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has failed to file objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, 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 by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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FULL;
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3.

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Plaintiff’s Fourteenth Amendment due process claim regarding false rules violation
reports against Defendants Erickson, Rumbles, and Brumbaugh is DISMISSED;

6.

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Plaintiff’s Fourteenth Amendment due process claim regarding prison grievance
procedures against Defendants Yates, Huckabay, and Grannis are DISMISSED;

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Plaintiff’s pre-November 2008 First Amendment retaliation claim against
Defendants Erickson, Rumbles, and Brumbaugh are DISMISSED;

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Plaintiff SHALL PROCEED on his post-November 2008 First Amendment
retaliation claim against Defendants Erickson, Rumbles, and Brumbaugh;

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The Findings and Recommendations, filed November 28, 2012, are ADOPTED IN

Plaintiff’s conspiracy claim against Defendants Yates, Erickson, Rumbles,
Brumbaugh, Huckabay, Grannis, and Hubbard is DISMISSED; and

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Defendants Yates, Huckabay, Grannis, and Hubbard are DISMISSED from the

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action.

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IT IS SO ORDERED.

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Dated:
0m8i78

January 16, 2013
SENIOR DISTRICT JUDGE

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