Ledesma v. Adame et al
ORDER adopting 25 FINDINGS AND RECOMMENDATIONS and dismissing Claims and Defendants signed by District Judge Anthony W. Ishii on 1/20/2017. Defendant, K. Holland is dismissed. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ADAME, et al.,
ORDER ADOPTING FINDINGS AND
(ECF NO. 25)
ORDER DISMISSING CLAIMS AND
Jose Ledesma (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds on
Plaintiff’s Third Amended Complaint, which was filed on September 15, 2016. (ECF No. 23).
The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
636(b)(1)(B) and Local Rule 302.
On November 7, 2016, Magistrate Judge Erica P. Grosjean entered an order, finding
that Plaintiff stated a claim against defendants Adame, Tyree, and Lundy for violation of the
Eighth Amendment based on conditions of confinement, against defendants Adame and Lundy
for inadequate health care in violation of the Eighth Amendment, and against defendants
Adame, Tyree, and Lundy for retaliation in violation of the First Amendment. (ECF No. 24).
On that same day, Magistrate Judge Erica P. Grosjean entered findings and recommendations,
recommending that all other claims and defendants be dismissed from this action, with
prejudice. (ECF No. 25). Plaintiff was provided an opportunity to file objections to the
findings and recommendations within thirty days. To date, Plaintiff has not filed objections or
otherwise responded to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, 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 proper
Accordingly, THE COURT HEREBY ORDERS that:
The findings and recommendations issued by the Magistrate Judge on
November 7, 2016, are ADOPTED in full;
This action now proceeds on Plaintiff’s Third Amended Complaint, filed on
September 15, 2016, against defendants Adame, Tyree, and Lundy for violation
of the Eighth Amendment based on conditions of confinement, against
defendants Adame and Lundy for inadequate health care in violation of the
Eighth Amendment, and against defendants Adame, Tyree, and Lundy for
retaliation in violation of the First Amendment;
All other claims and defendants are DISMISSED from this action, with
The Clerk is DIRECTED to reflect the dismissal of defendant K. Holland on the
Court’s docket; and
This case is referred back to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
Dated: January 20, 2017
SENIOR DISTRICT JUDGE
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