Shabazz v. Beard, et al.

Filing 44

ORDER ADOPTING 30 FINDINGS AND RECOMMENDATIONS IN FULL, DISMISSING CERTAIN CLAIMS AND DEFENDANTS signed by District Judge Dale A. Drozd on 8/4/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMIR SHABAZZ,

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No. 1:15-cv-00881-DAD-EPG (PC)

Plaintiff,
v.
JEFFREY A. BEARD, et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL,
DISMISSING CERTAIN CLAIMS AND
DEFENDANTS

Defendants.
(Doc. No. 30)

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Plaintiff Amir Shabazz, appearing pro se and in forma pauperis, originally filed this civil

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rights action brought pursuant to 42 U.S.C. § 1983 on October 16, 2014. (Doc. No. 1.) The

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action is currently proceeding on plaintiff’s Second Amended Complaint (“SAC”), which

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plaintiff filed on October 6, 2016. (Doc. No. 26.)

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On February 23, 2017, this court permitted plaintiff to “proceed on his Eighth Amendment

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claim in his [SAC],” but noted that claim “may not be brought against certain defendants in their

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supervisorial capacities.” (Doc. No. 29.) On March 7, 2017, the assigned magistrate judge found

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service of the SAC appropriate on a subset of the named defendants (Doc. No. 31) and issued

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findings and recommendations recommending the other named defendants who appeared to be

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sued in a purely supervisorial capacity be dismissed from this action. (Doc. No. 30.)
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The findings and recommendations were served on plaintiff with instructions that any

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objections thereto must be filed within 30 days. Plaintiff did not file any objections, and the

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deadline for doing so has lapsed.

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

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de novo review of the case. Having carefully reviewed the entire file, the court finds that the

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findings and recommendations are supported by the record and proper analysis.

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Accordingly:

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1. The findings and recommendations (Doc. No. 30), are adopted in full; and

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2. Plaintiff’s claims against defendants Edmund G. Brown, Arnold Schwarzenegger, Jeffrey

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A. Beard, and Matthew Cate are dismissed from the case. The Clerk of the Court is

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directed to terminate these parties as defendants in this action.

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IT IS SO ORDERED.
Dated:

August 4, 2017
UNITED STATES DISTRICT JUDGE

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