Valdez v. Beard et al

Filing 107

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS to Dismiss Non-Cognizable Claims 96 ; CASE TO REMAIN OPEN, signed by District Judge Anthony W. Ishii on 6/25/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS NONCOGNIZABLE CLAIMS

Plaintiff,

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1:14-cv-01839-AWI-MJS (PC)

RUBEN VALDEZ,

v.

(ECF NO. 96)

JEFFREY BEARD, et al.,

CASE TO REMAIN OPEN

Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought
pursuant to 42 U.S.C. § 1983. 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

February

23,

2018,

the

magistrate

judge

issued

findings

and

recommendations to dismiss non-cognizable claims. (ECF No. 96.) Plaintiff has filed
objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,
the 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 by proper analysis.
Accordingly, it is HEREBY ORDERED that:
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1. The Court adopts the findings and recommendations filed on February 23,
2018 (ECF No. 96) in full; and

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2. This action proceeds only on Plaintiff’s due process claims for damages

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against the following defendants in their individual capacities: Beard,

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Castorena, Galaviz, Jennings, Pina, Holland, Prince, Chavez, Vasquez,

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Edgar, Garcia, Mayfield, Patterson, Davey, Oliveira, Perez, Campbell, Wilson

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and Lester. All other claims and defendants are dismissed with prejudice.

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IT IS SO ORDERED.

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Dated: June 25, 2018
SENIOR DISTRICT JUDGE

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