Timberland v. Mascarenas et al

Filing 30

ORDER Adopting 28 FINDINGS AND RECOMMENDATIONS; ORDER for this Case to Proceed Against Defendant Mascarenas for Failure to Protect Plaintiff, and DISMISSING all other Claims and Defendants from this Case signed by Chief Judge Lawrence J. O'Neill on 10/12/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD TIMBERLAND,

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Plaintiff,

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vs.
G. MASCARENAS, et al.,
Defendants.

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1:16-cv-00922-LJO-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 28.)
ORDER FOR THIS CASE TO PROCEED
AGAINST DEFENDANT MASCARENAS
FOR FAILURE TO PROTECT PLAINTIFF,
AND DISMISSING ALL OTHER CLAIMS
AND DEFENDANTS FROM THIS CASE
(ECF No. 26.)

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I.

BACKGROUND

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Ronald Timberland (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 10, 2018, the court entered findings and recommendations, recommending

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that this action proceed only against defendant Mascarenas for failure to protect Plaintiff, and

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that all other claims and defendants be dismissed from this action based on Plaintiff=s failure to

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state a claim. (ECF No. 28.) On September 21, 2018, Plaintiff filed objections to the findings

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and recommendations. (ECF No. 29.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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including Plaintiff’s objections, the court finds the findings and recommendations to be supported

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by the record and proper analysis.

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III.

CONCLUSION

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

10, 2018, are ADOPTED in full;

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The findings and recommendations issued by the Magistrate Judge on September

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This action now proceeds with Plaintiff's Second Amended Complaint, filed on

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June 20, 2018, against defendant G. Mascarenas (Correctional Counselor I) for

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failure to protect Plaintiff, in violation of the Eighth Amendment;

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3.

claim upon which relief may be granted under § 1983;

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All other claims and defendants are dismissed from this case for failure to state a

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Defendants D. Patterson (CCI), A. Maxfield (CCII), and M. Sexton (Chief Deputy

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Warden) are dismissed from this case for Plaintiff’s failure to state any claims

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against them under § 1983;

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4.

Plaintiff’s claims for due process concerning the May 5, 2015 Classification

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Committee hearing, due process based on the handling of prison appeals, and

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enforcement of the Ashker settlement agreement are dismissed from this case

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based on Plaintiff’s failure to state a claim under § 1983; and

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5.

This case is referred back to the Magistrate Judge for further proceedings,
including initiation of service of process.

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IT IS SO ORDERED
Dated: October 12, 2018
/s/ Lawrence J. O’Neill
United States Chief District Judge

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