Johnson v. Gonzalez et al

Filing 20

ORDER ADOPTING 16 Findings and Recommendations; ORDER For This Action to Proceed Only Against Defendants Gonzalez and Martinez on Plaintiff's Denial of Access to Courts Claims and Disimssing All Other Claims and Defendants, signed by Chief Judge Lawrence J. O'Neill on 10/18/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LACEDRIC W. JOHNSON, 12 13 14 15 16 17 18 Plaintiff, 1:14-cv-01252-LJO-EPG-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS vs. (ECF No. 16.) Isaac Gonzalez, et al., Defendants. ORDER FOR THIS ACTION TO PROCEED ONLY AGAINST DEFENDANTS GONZALEZ AND MARTINEZ ON PLAINTIFF’S DENIAL OF ACCESS TO COURTS CLAIMS AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS 19 20 21 22 23 24 25 26 27 28 Plaintiff Lacedric W. Johnson is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. ' 1983. This case now proceeds on the Second Amended Complaint filed by Plaintiff on April 22, 2016. (ECF No. 13.) 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 September 26, 2016, the Court entered Findings and Recommendations, recommending that this action proceed only against defendants Isaac Gonzalez and A. Martinez on Plaintiff’s claims for denial of access to courts and that all other claims and defendants be dismissed from this action based on Plaintiff=s failure to state a claim. (ECF No. 16.) Plaintiff was provided an opportunity to file objections to the Findings and Recommendations within 1 1 twenty days. To date, Plaintiff has not filed objections or otherwise responded to the Findings 2 and Recommendations. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 4 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 5 the Court finds the Findings and Recommendations to be supported by the record and proper 6 analysis. 7 Accordingly, THE COURT HEREBY ORDERS that: 8 1. 9 10 The Findings and Recommendations issued by the Magistrate Judge on September 26, 2016, are ADOPTED in full; 2. This action now proceeds on Plaintiff's Second Amended Complaint, filed on 11 April 22, 2016, against defendants Isaac Gonzalez and A. Martinez for denial of 12 access to courts; 13 3. All remaining claims and defendants are DISMISSED from this action; 14 4. Plaintiff’s claim for procedural due process is DISMISSED from this action based on Plaintiff’s failure to state a claim; 15 16 5. 17 18 Defendant J. Benavides is DISMISSED from this action based on Plaintiff's failure to state any claims upon which relief may be granted against him; and, 6. The Clerk of the Court is DIRECTED to reflect the dismissal of all defendants 19 from this action on the Court's docket, except defendants Gonzalez and 20 Martinez. 21 22 23 24 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 18, 2016 UNITED STATES CHIEF DISTRICT JUDGE 25 26 27 28 2

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