Hamilton v. Yates et al
Filing
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ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims signed by District Judge Lawrence J. O'Neill on 11/09/2012. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PAUL C. HAMILTON,
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Plaintiff,
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v.
J.A. YATES, et al.,
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1:10-cv-1925-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS
(ECF No. 23)
Defendants.
_______________________________/
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Plaintiff Paul C. Hamilton (“Plaintiff”) is a prisoner proceeding pro se in a civil rights
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action 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 October 4, 2012, the Magistrate Judge filed a Findings and Recommendations,
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recommending dismissal of one of Plaintiff’s claims. (ECF No. 23.) Plaintiff has failed to file
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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.
The Findings and Recommendations, filed October 4, 2012, are adopted in full;
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2.
Plaintiff be allowed to proceed on his Eighth Amendment conditions of
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confinement claim against Defendants Mattingly, Trimble, Spearman, and Yates;
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3.
Plaintiff’s Fourteenth Amendment be dismissed; and
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4.
Defendants shall file an answer or otherwise defend against this action within thirty
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days of entry of this order.
IT IS SO ORDERED.
Dated:
b9ed48
November 9, 2012
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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