Stevenson v. Kellums et al

Filing 16

ORDER adopting 15 FINDINGS AND RECOMMENDATIONS; dismissing Defendants O. Perales and A.L. Reyes and ordering Defendant B. Kellums to file a responsive pleading to Plaintiff's complaint signed by Judge Oliver W. Wanger on 5/24/2011. (Filing Deadline: 6/27/2011). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEVIE STEVENSON,

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CASE NO. 1:10-CV-01401-OWW-DLB PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

v.
B. KELLUMS, et al.,

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(DOC. 15)
Defendants.

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DEFENDANT KELLUMS’S RESPONSE
DUE WITHIN THIRTY (30) DAYS
/

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Plaintiff Stevie Stevenson (“Plaintiff”) is a California state prisoner proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s complaint

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against Defendants B. Kellums, O. Perales, and A. L. Reyes. The matter was referred to a United

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

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On April 25, 2011, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that any objection to the Findings and

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Recommendations was to be filed within fourteen days. Neither party filed a timely Objection to the

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Findings and Recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this 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 April 25, 2011, is adopted in full;

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2.

Defendants Perales and Reyes are dismissed from this action without prejudice for
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violation of Rule 20(a)(2) of the Federal Rules of Civil Procedure;
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This action proceed on Plaintiff’s complaint against Defendant B. Kellums for

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retaliation in violation of the First Amendment and excessive force in violation of the

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Eighth Amendment;

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4.

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Plaintiff’s other claims against Defendant Kellums are dismissed for failure to state
a claim; and

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Defendant B. Kellums is granted thirty (30) days from the date of service of this
order in which to file a responsive pleading to Plaintiff’s complaint.

IT IS SO ORDERED.
Dated:
May 24, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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