Valencia v. Gibson et al
Filing
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ORDER ADOPTING 19 FINDINGS AND RECOMMENDATION, Dismissing Certain Claims and Defendants from the Action for Failure to State a Cognizable Claim, and Referring Matter Back to Magistrate Judge for Further Proceedings, signed by District Judge Anthony W. Ishii on 4/18/14. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ABEL VALENCIA,
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Plaintiff,
v.
CONNIE GIPSON, et al.,
Defendants.
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ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DISMISSING CERTAIN
CLAIMS AND DEFENDANTS FROM THE
ACTION FOR FAILURE TO STATE A
COGNIZABLE CLAIM, AND REFERRING
MATTER BACK TO MAGISTRATE JUDGE FOR
FURTHER PROCEEDINGS
[ECF NO. 19]
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Case No.: 1:12-cv-01446-AWI-SAB (PC)
Plaintiff Abel Valencia is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Plaintiff filed the instant action on September 4, 2012. The matter was referred to a United
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On November 14, 2013, the Magistrate Judge screened Plaintiff’s complaint and found that
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Plaintiff stated a cognizable claim against Defendant D.J. Ruiz for retaliation and a cognizable due
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process violation against Defendants D.J. Ruiz, A. Mayo, J.C. Garcia, J.C. Smith, S. Johnson, and an
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unknown IGI officer. Plaintiff was given the option of filing an amended complaint or notifying the
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Court of his intent to proceed only on the claims found to be cognizable.
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On December 30, 2013, Plaintiff notified the Court of his intent to proceed only on the claims
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found to be cognizable. Therefore, on February 24, 2014, a Findings and Recommendation was issued
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to dismiss all other claims and defendants from the action. The Findings and Recommendation was
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served on Plaintiff and contained notice that Objections to the Findings and Recommendations were to
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be filed within thirty days. No Objections were filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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 on February 24, 2014, is adopted in full; and
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2.
This action shall proceed against Defendant D.J. Ruiz for retaliation and against
Defendants D.J. Ruiz, A. Mayo, J.C. Garcia, J.C. Smith, S. Johnson, and an unknown
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IGI officer for a due process violation;
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3.
cognizable claim; and
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All other claims and defendants are dismissed from the action for failure to state a
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The matter is referred back to the Magistrate Judge for initiation of service of process.
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IT IS SO ORDERED.
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Dated: April 18, 2014
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SENIOR DISTRICT JUDGE
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