Lewis v. Alison et al

Filing 26

ORDER ADOPTING 22 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Certain Claims signed by District Judge Lawrence J. O'Neill on 01/21/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOMER TYRONE LEWIS,

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Plaintiff,

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v.
KATHLEEN ALISON, et al.,

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Defendants.

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1:12-cv-00856-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF CERTAIN CLAIMS
(ECF No. 21, 22)

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Plaintiff Homer Tyrone Lewis (“Plaintiff”) is a state prisoner proceeding in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On December 10, 2013, the Magistrate Judge issued Findings and Recommendations that

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this action proceed on Plaintiff’s third amended complaint against Defendants Alison, Adams,

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Junious, Denny, Parra and Garza in their individual capacities for retaliation in violation of the

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First Amendment; that Plaintiff’s claim for damages against Defendants in their official

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capacities be dismissed; that Plaintiff’s access to the courts and California Penal Code § 2601

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claims be dismissed; and that Plaintiff’s claim for declaratory relief be dismissed. The Findings

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and Recommendations were served on Plaintiff and contained notice that any objections must be

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filed within thirty days after service. More than thirty days have passed and Plaintiff has not

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filed any objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

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a de novo review of this case. Having carefully reviewed the entire file, the Court finds the

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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.

in full;

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The Findings and Recommendations, issued on December 10, 2013, are adopted

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This action shall proceed on Plaintiff’s third amended complaint, filed on

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November 18, 2013, against Defendants Alison, Adams, Junious, Denny, Parra

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and Garza in their individual capacities.

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DISMISSED;

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Plaintiff’s claim for damages against Defendants in their official capacities is

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Plaintiff’s denial of access to the courts and California Penal Code § 2601 claims
are DISMISSED;

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Plaintiff’s request for declaratory relief is DISMISSED; and

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This matter is referred back to the Magistrate Judge for further proceedings
consistent with this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 21, 2014

UNITED STATES DISTRICT JUDGE
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