Hernandez v. Yates et al

Filing 27

ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS, Dismissing Certain Claims and Defendants from Action signed by District Judge Lawrence J. O'Neill on 01/21/2014. M. Martinez Terminated from Action. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY HERNANDEZ,

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Plaintiff,

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v.
M. MARTINEZ, et al.,

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Defendants.

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Case No.: 1:10-cv-01064-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DISMISSING CERTAIN
CLAIMS AND DEFENDANTS FROM ACTION
[ECF No. 23]

Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On December 20, 2013, the Magistrate Judge filed a Findings and

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Recommendations which was served on Plaintiff and contained notice that Objections to the Findings

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and Recommendations were to be filed within fourteen days. Plaintiff filed an Objection on January 2,

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2014. Local Rule 304(b), (d).

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed on December 20, 2013, is adopted in full;

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2.

Defendant M. Martinez is DISMISSED from the action for failure to state a cognizable

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claim; and
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Plaintiff’s Due Process and Equal Protection claims are DISMISSED from the action

for failure to state a cognizable claim.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 21, 2014

UNITED STATES DISTRICT JUDGE

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