Paredez v. Yates et al

Filing 14

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants, signed by Chief Judge Anthony W. Ishii on 2/13/2012. This Action Proceeds Against Defendant Ramirez; Defendants Yates, Hernandez, Phealon, and John Doe are DISMISSED From This Action; This Action is Referred to the Magistrate Judge. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICHARD PAREDEZ,

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CASE NO. 1:10-CV-01672-AWI-DLB PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

v.
JAMES YATES, et al.,

(DOC. 12)

Defendants.

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/

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Plaintiff Richard Paredez (“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. On May 31, 2011, Plaintiff filed his first amended

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complaint. 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 October 4, 2011, the Magistrate Judge filed a Findings and Recommendations which was

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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 twenty-one days. Doc. 12. Plaintiff filed an Objection to

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the Findings and Recommendations on October 20, 2011. Doc. 13.

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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. The arguments raised in

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the objections are addressed in the Findings and Recommendations.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed October 4, 2011, is adopted in full;

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2.

This action proceeds against Defendant Ramirez for violation of the First

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Amendment by denying Plaintiff the right to file an inmate grievance;
3.

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Plaintiff’s claims against Defendants Yates, Hernandez, Phealon, and John Doe are
dismissed for failure to state a claim upon which relief may be granted;

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4.

Defendants Yates, Hernandez, Phealon, and John Doe are dismissed from this action;

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5.

This action is referred to the Magistrate Judge.

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IT IS SO ORDERED.
Dated:
0m8i78

February 13, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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