Villery v. Jones et al

Filing 23

ORDER ADOPTING 19 FINDINGS AND RECOMMENDATIONS; ORDERED that Plaintiff shall proceed in this action on his First Amendment Claims against Defendants Jones, Schmidt, Yerton, Escarcega and Nelson, signed by District Judge Dale A. Drozd on 01/10/18. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARED VILLERY, 12 Plaintiff, 13 14 No. 1:15-cv-01360-DAD-MJS v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS JAY JONES, et al., (Doc. No. 19) 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 17 18 action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 13, 2017, the assigned magistrate judge screened plaintiff’s first amended 21 complaint and found that it states cognizable First Amendment claims against defendants Jones, 22 Schmidt, Yerton, Escarcega and Nelson, but no other cognizable claims. (Doc. No. 19.) The 23 magistrate judge therefore recommended that plaintiff be allowed to proceed on the cognizable 24 claims identified in the screening order, and that all other claims and defendants be dismissed 25 from this action. The parties were provided fourteen days to file objections to those findings and 26 recommendations. (Id.) To date, neither party has done so, and the time for doing so has now 27 passed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. 6 7 adopted in full; 2. 8 9 12 Plaintiff shall proceed in this action on his First Amendment claims against defendants Jones, Schmidt, Yerton, Escarcega and Nelson; and 3. 10 11 The findings and recommendations issued November 13, 2017 (Doc. No. 19) are All other claims alleged in plaintiff’s first amended complaint and all other defendants named therein are dismissed from this action. IT IS SO ORDERED. Dated: January 10, 2018 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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