Chappell v. Stankorb, et al.

Filing 28

ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by District Judge Lawrence J. O'Neill on 05/29/2013. H. Tate, K. Sampson and M Stainer terminated from Action.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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Plaintiff,
vs.
T. STANKORB, et al.,

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Defendants.

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1:11cv01425 LJO DLB PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS AND
DISMISSING CERTAIN CLAIMSAND
DEFENDANTS
(Document 20)

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Plaintiff Rex Chappell (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local

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Rule 302.
On March 25, 2013, the Magistrate Judge issued Findings and Recommendations
regarding dismissal of certain claims and certain Defendants. The Findings and

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Recommendations were served on Plaintiff and contained notice that any objections were to be
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filed within thirty days. After receiving an extension of time, Plaintiff failed to file objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
Findings and Recommendations are supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations, filed March 25, 2013, are ADOPTED in
full;

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2.

This action shall proceed on the following claims: (1) an Eighth Amendment

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conditions of confinement against Defendants Holland, Reed, Stankorb, Miner,
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Bryant, Haak, Matzen and Frazier based on their classification and housing of

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Plaintiff as a member of the BGF; and (2) an Eighth Amendment conditions of

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confinement against Defendants Stankorb and Frazier based on their disclosure

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that Plaintiff was a child molester to other inmates; and

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3.

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Plaintiff states no further cognizable claims and therefore Defendants Sampson,
Stainer and Tate are DISMISSED from this action.1

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IT IS SO ORDERED.

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Dated:

May 29, 2013

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

b9ed48bb

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Plaintiff’s First Amended Complaint did not name Defendant A. Joaquin, though this Defendant continues to
appear on the docket based on Plaintiff’s original complaint. Defendant A. Joaquin is no longer a Defendant in this
action.
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