Williams v. Harrington et al

Filing 22

ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by District Judge Lawrence J. O'Neill on 04/23/2013. D. Steen (Sergeant), M. Stewart (Lieutenant), D. Bradshaw (Correctional Officer) and W. Epperson (Sergeant) 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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MARCUS R. WILLIAMS,

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Plaintiff,
v.
KELLY HARRINGTON, et al.,

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Case No. 1:12-cv-00226-LJO-DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
ECF No. 16

Defendants.

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Plaintiff Marcus R. Williams (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. On February 17, 2012, Plaintiff filed his Complaint.

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ECF No. 1. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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On February 12, 2012, the Magistrate Judge filed a Findings and Recommendations which

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was 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 fourteen days. ECF No. 16. Plaintiff filed an Objection to

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the Findings and Recommendations on April 22, 2013. ECF No. 19.

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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.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed February 12, 2013, is adopted in full;
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This action proceeds against Defendants Rios and S. Stewart for excessive force in

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violation of the Eighth Amendment, Defendants Jayvinder and S. Stewart for deliberate indifference

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to a serious medical need in violation of the Eighth Amendment, and Defendants Biter, Page,

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Harrington, and Cabrera for deliberate indifference to conditions of confinement in violation of the

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Eighth Amendment;

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3.
granted; and

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All other claims are dismissed for failure to state a claim upon which relief may be

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Defendants T. Arlitz, lieutenant M. Stewart, sergeants D. Steen, W. Epperson, and

Crother, correctional officers D. Bradshaw and Clark and appeal coordinator D. Tarnoff are
dismissed from the action.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

April 23, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

b9ed48bb

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