Todd v. Johnson et al
Filing
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ORDER Adopting 15 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by District Judge Lawrence J. O'Neill on 8/1/2013. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL ANTHONY TODD,
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Plaintiff,
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v.
P. JOHNSON, et al.,
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1:12-cv-02083-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 15)
Defendants.
_______________________________/
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Plaintiff Michael Anthony Todd (“Plaintiff”) is a prisoner proceeding pro se in a civil rights
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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On March 29, 2013, the Magistrate Judge filed a Findings and Recommendations,
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recommending dismissal of certain of Plaintiff’s claims and Defendants. (ECF No. 15.) Plaintiff
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has filed objections. (ECF No. 16.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 304, this
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the Findings and Recommendations to be supported by the record and by proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, filed March 29, 2013, are adopted in full;
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This action proceed as one for damages on Plaintiff’s Eighth Amendment failure
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to protect claim against Defendants Norton, Doe, Johnson, Harrington, and
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Weatherford;
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3.
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All other Eighth Amendment claims be dismissed, with prejudice, for failure to
state a claim;
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4.
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Plaintiff’s Fourteenth Amendment claim be dismissed, with prejudice, for failure
to state a claim;
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5.
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Plaintiff’s claim of intentional infliction of emotional distress be dismissed, with
prejudice, for failure to state a claim;
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6.
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Plaintiff’s claim for declaratory relief be dismissed, with prejudice, for failure to
state a claim; and
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7.
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Defendants CDCR, Mascarenas, Lambert, Subia, and Gomez be dismissed based
on Plaintiff’s failure to state any claims against them.
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IT IS SO ORDERED.
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Dated:
August 1, 2013
/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE
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