Howard v. Gonzales

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims 8 , signed by District Judge Lawrence J. O'Neill on 4/10/13: This action shall proceed on claims against Defendant Gonzales; and The claims under California Penal Code section 118.1 and section 3084.1 of Title 15 of the California Code of Regulations are DISMISSED WITHOUT LEAVE TO AMEND. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY HOWARD,

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Plaintiff,

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vs.
G. GONZALES,
Defendant.

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1:12cv00487 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS
(Document 8)

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Plaintiff Timothy Howard (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on March 30, 2012. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 27, 2013, the Magistrate Judge issued Findings and Recommendations that
(a) certain claims go forward; and (b) Plaintiff’s claims pursuant to California Penal Code
section 118.1 and section 3084.1 of Title 15 of the California Code of Regulations be dismissed

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without leave to amend for failure to state a claim. The Findings and Recommendations were
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served on Plaintiff and contained notice that any objections must be filed within thirty days.
Plaintiff did not file objections.

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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 the
Findings and 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 27, 2013, are adopted in full;

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This action proceed on claims against Defendant Gonzales for (a) violation of the

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First Amendment based on her refusal to file his inmate appeals; (b) violation of the Eighth
Amendment based on her denial of medical care; and (c) violation of the First Amendment based
on retaliation1; and
3.

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The claims under California Penal Code section 118.1 and section 3084.1 of Title

15 of the California Code of Regulations are DISMISSED WITHOUT LEAVE TO AMEND.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

April 10, 2013

UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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b9ed48bb

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Plaintiff’s service documents were submitted to the United States Marshal on March 19, 2013.

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