Verduzco v. Gipson et al

Filing 32

ORDER Adopting 27 Findings and Recommendations, Dismissing Claims and Defendants, signed by District Judge Anthony W. Ishii on 2/8/17. A. Cruz, M. Cuevas, K. A. Dicks, Connie Gipson, D. Goree, A. Johnson, T. Perez, J. Amaya and T. Campbell Terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICARDO VERDUZCO,

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Plaintiff,

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v.
C. GIPSON, et al.,

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Defendants.

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Case No.: 1:14-cv-01083-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING CLAIMS
AND DEFENDANTS
[ECF No. 27]

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Plaintiff Ricardo Verduzco is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 6, 2016, the Magistrate Judge issued Findings and Recommendations

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recommending that this case proceed on Plaintiff’s claim against Defendant Rousseau for a due

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process violation related to his disciplinary hearing, and for retaliation in violation of the First

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Amendment, and that all other claims and defendants be dismissed from this action for failure to state

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a cognizable claim upon which relief may be granted. (ECF No. 27.) The Findings and

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Recommendations were served on Plaintiff and contained notice that objections were to be filed within

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fourteen days. Over fourteen days have passed, and 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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adopted in full;

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The Findings and Recommendations issued December 6, 2016 (ECF No. 27), are

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This action shall proceed on Plaintiff’s claim against Defendant Rousseau for a due process

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violation related to his disciplinary hearing, and for retaliation in violation of the First

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Amendment;

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3.

All other claims, and Defendants Connie Gipson, T. Perez, D. Goree, T. Campbell,

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K.A. Dicks, A. Johnson, J. Amaya, A. Cruz, and M. Cuevas, are dismissed from this

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action for the failure to state a claim upon which relief may be granted; and

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The Clerk of the Court is directed to update the case caption and docket to reflect the
foregoing dismissals.

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IT IS SO ORDERED.

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Dated: February 8, 2017

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SENIOR DISTRICT JUDGE

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