Cauthen v. Rivera et al

Filing 17

ORDER Adopting Findings and Recommendations and Dismissing Certain Claims and Defendants 12 , signed by District Judge Lawrence J. O'Neill on 7/12/13. Defendants S. D. Hass, C. Lawless, and Enrique Castellanos are Dismissed. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SAFIDI CAUTHEN, JR.,

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Case No. 1:12 cv 01747 LJO DLB (PC)

Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

v.
RIVERA et al.,

(Document 12)
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Defendants.

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Plaintiff David Safidi Cauthen, Jr. (“Plaintiff”), a state prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 26, 2012. The

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

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Local Rule 302.

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On April 30, 2013, the Magistrate Judge issued Findings and Recommendations to dismiss

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certain claims and certain Defendants. The Findings and Recommendations were served on Plaintiff

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and contained notice that any objections to the Findings and Recommendations were to be filed

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within thirty days. Plaintiff received an extension of time, but did not file any 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

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novo review of this case. Having carefully reviewed the entire file, the Court finds that the Findings

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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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The Findings and Recommendations, filed April 30, 2013, are ADOPTED in full;

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This action proceed on (1) excessive force in violation of the Eighth Amendment

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against Defendants Rivera, Negrete, Northcutt, Arreola, King and Waddle; (2)

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unreasonable search in violation of the Fourth and Eighth Amendments against

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Defendants Rivera, Negrete and Waddle; (3) deliberate indifference to a serious

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medical need in violation of the Eighth Amendment against Defendant Mackey; and

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(4) violation of the First Amendment and RLUIPA against Defendants Rivera,

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Negrete and Waddle1;

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3.

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All further claims, as well as Defendants Hass, Lawless and Castellanos2, are
DISMISSED.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

July 12, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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b9ed48bb

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The United States Marshal has been directed to serve these Defendants.

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The discussion portion of the Findings and Recommendations found that Plaintiff failed to state any claims against
Defendant Castellanos, though he was inadvertently excluded from the conclusion.

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