Banuelos v. Sandoval et al

Filing 10

ORDER signed by Chief Judge Morrison C. England, Jr on 2/3/15 ORDERING that the FINDINGS AND RECOMMENDATIONS dismissing certain claims and Defendants for failure to state a claim filed 12/31/14 8 are ADOPTED in full; Plaintiff is granted leave to amend the retaliation claim based upon Defendant Sandoval's refusal to allow Plaintiff to bring Stefan gifts and access the recreation yard; Within thirty days from the date of service of this order, Plaintiff shall file an amended complaint.(Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT BANUELOS,
Plaintiff,

12

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
FOR FAILURE TO STATE A CLAIM

v.

13
14

Case No. 1:14-cv-01923-MCE-SAB

GLADYS SANDOVAL, et al.,
(ECF Nos. 5, 8, 9)
Defendants.

15

THIRTY-DAY DEADLINE
16
17

Plaintiff proceeding pro se and in forma pauperis filed this civil rights action pursuant to

18 42 U.S.C. § 1983 on December 4, 2014. The matter was referred to a United States Magistrate
19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20

On December 31, 2014, the Magistrate Judge filed a Findings and Recommendations

21 which was served on Plaintiff and contained notice that any objections to the Findings and
22 Recommendations were to be filed within thirty days. On January 20, 2015, Plaintiff filed an
23 Objection.
24

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

25 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the
26 Findings and Recommendations to be supported by the record and by proper analysis.
27 ///
28 ///

1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed December 31, 2014 (ECF No. 8), are

3 ADOPTED in full;
2.

4

Defendants Kings County Board of Supervisors are DISMISSED from this action
for Plaintiff’s failure to state a claim against them;

5
3.

6

Plaintiff’s equal protection, due process, right to petition, 28 U.S.C. § 1981, and
IDEA claims are DISMISSED without leave to amend for failure to state a claim;

7
4.

8

Plaintiff’s claim under California Welfare and Institutions Code section 16010.6
is DISMISSED without leave to amend for failure to state a claim;

9
5.

10

Plaintiff is granted leave to amend the retaliation claim based upon Defendant

11

Sandoval’s refusal to allow Plaintiff to bring Stefan gifts and access the recreation

12

yard;
6.

13

The retaliation claims in regard to all other allegations are DISMISSED with
prejudice;

14
7.

15

Within thirty days from the date of service of this order, Plaintiff shall file an

16

amended complaint regarding only his retaliation claim against Defendant

17

Sandoval based upon the refusal to allow Plaintiff to bring Stefan gifts and access

18

the recreation yard; and
8.

19

Failure to file a complaint in compliance with this order will result in this action
being dismissed for failure to state a claim.

20

IT IS SO ORDERED.

21

22 Dated: February 3, 2015
23

24
25
26
27
28

2