Williams v. The State of California et al

Filing 25

ORDER Adopting 20 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants, signed by District Judge Lawrence J. O'Neill on 10/12/2011. (Marrujo, C)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 DONALD B. WILLIAMS, 8 Plaintiff, 9 v. 10 STATE OF CALIFORNIA, et al., 11 1:11-cv-0182-LJO-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (ECF No. 20) Defendants. 12 13 _______________________________/ 14 15 Plaintiff Donald B. Williams (“Plaintiff”) is a prisoner proceeding pro se and in forma 16 pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On August 29, 2011, the Magistrate Judge filed a Findings and Recommendation, 19 recommending dismissal of certain of Plaintiff’s claims and defendants. (ECF No. 20.) Plaintiff 20 has failed to file objections to the Findings and Recommendation. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this 22 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 23 Court finds the Findings and Recommendations to be supported by the record and by proper 24 analysis. 25 /// 26 /// 27 /// 28 /// /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed August 29, 2011, is adopted in full; 3 2. Plaintiff’s claims against the California Department of Corrections are dismissed 4 without prejudice; 5 3. Plaintiff’s claims against Defendant Allison are dismissed without prejudiced 6 4. Plaintiff’s claims against Defendants Rodriguez, Beltran, Stolh, Lofkin, and 7 Childress are dismissed without prejudice; 8 5. 9 Plaintiff’s claims against Correction Management Corp. Inc. are dismissed without prejudice; 10 6. 11 Plaintiff’s medical care claim against Defendants Enenmoh and Oneyeje related to the October 12, 2010 incident is dismissed without prejudice; 12 7. 13 Plaintiff’s claims against Defendant Betancourt are dismissed without prejudice; and 14 8. Defendants California Department of Corrections, Allison, Rodriguez, Beltran, 15 Stohl, Lofkin, Childress, Correction Management Corp. Inc., and Betancourt are 16 dismissed without prejudice. 17 18 IT IS SO ORDERED. 19 Dated: b9ed48 October 12, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 -2-

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