Minjarez v. Director of the CA Dept of Corrections & Rehabilitation, et al.
Filing
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ORDER Adopting Findings and Recommendations 14 and Dismissing Certain Claims, signed by District Judge Lawrence J. O'Neill on 12/12/11. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RUDY MINJAREZ,
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CASE NO. 1:10-CV-01560-LJO-DLB PC
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS
v.
DIRECTOR OF CDCR, et al.,
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Defendants.
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Plaintiff Rudy Minjarez (“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. Plaintiff filed his second amended complaint on
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June 7, 2011. Doc. 11. The matter was referred to a United States Magistrate Judge pursuant to 28
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U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On November 1, 2011, the Magistrate Judge filed a Findings and Recommendations which
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was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and
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Recommendations was to be filed within thirty days. Doc. 14. Plaintiff did not object 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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The Findings and Recommendations, filed November 1, 2011, is adopted in full;
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This action proceeds Defendants Cortez, Swetalla, Gaona, Fidler, and Barajas on the
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excessive force claim, and against Defendant John Doe 21 on the conditions of
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confinement claim; and
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3.
Plaintiff’s claim for supervisory liability against Defendants John Doe 1 and
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Gonzales, and his claim for conspiracy against Defendants Cortez, Swetalla, Gaona,
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Fidler, and Barajas are DISMISSED from this action for failure to state a claim.
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IT IS SO ORDERED.
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Dated:
b9ed48
December 12, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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Plaintiff has now identified Defendant John Doe 2 as correctional lieutenant K. Allen.
Doc. 16.
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