Gonzales v. Tate et al
Filing
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ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS and DISMISSING Noncognizable Claim signed by District Judge Anthony W. Ishii on 4/14/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOE ANTHONY GONZALES,
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Plaintiff,
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v.
H. TATE, et al.,
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Case No. 1:14-cv-01181 AWI DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
NONCOGNIZABLE CLAIM
(Document 12)
Defendants.
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Plaintiff Joe Anthony Gonzales (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action. Plaintiff filed this action on July 29, 2014. The matter was
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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
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302.
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On February 12, 2015, the Magistrate Judge issued Findings and Recommendations that this
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action go forward against Defendants Tate, Shiesha, Longcrier and Lewis for violation of the Eighth
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Amendment, and that the Fourteenth Amendment claim be dismissed for failure to state a claim.
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The Findings and Recommendations were served on Plaintiff and contained notice that any
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objections must be filed within thirty (30) days. Plaintiff has not filed 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 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 February 12, 2015, are adopted in full;
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2.
This action SHALL go forward against Defendants Tate, Shiesha, Longcrier and
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Lewis for violation of the Eighth Amendment; and
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Plaintiff’s Fourteenth Amendment claim is DISMISSED for failure to state a claim.
IT IS SO ORDERED.
Dated: April 14, 2015
SENIOR DISTRICT JUDGE
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