Hamilton v. Yates et al

Filing 24

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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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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