Charles Windham v. Rodriguez et al
Filing
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ORDER Adopting 11 Findings and Recommendations, Dismissing Certain Claims and Defendants, signed by District Judge Anthony W. Ishii on 12/2/16. Dave Davey (Warden at CSP-Corcoran) Terminated. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHARLES WINDHAM,
Plaintiff,
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v.
C. RODRIGUEZ, et al.,
Defendants.
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Case No.: 1:16-cv-00979-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING CERTAIN
CLAIMS AND DEFENDANTS
[ECF No. 11]
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Plaintiff Charles Windham is a state prisoner proceeding pro se and in forma pauperis in this
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civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 17, 2016, the Magistrate Judge issued Findings and Recommendations
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recommending that Defendant Warden Davey, and Plaintiff’s claims of denial of medical care, free
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exercise of religion, access to courts, and deprivation of property, be dismissed for failure to state a
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claim upon which relief could be granted. (ECF No. 11.) This recommendation followed Plaintiff’s
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October 13, 2016 notice that he is willing to proceed on his claims against Defendant Rodriguez for
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excessive force in violation of the Eighth Amendment, which the Magistrate Judge had previously
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found was cognizable. (ECF No. 10.)
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The Findings and Recommendations were served on Plaintiff and contained notice that
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objections were to be filed within thirty (30) days. Over thirty days have passed, and no objections
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were filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
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Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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adopted in full;
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Defendant Warden Davey is dismissed for the failure to state a claim upon which relief
could be granted; and
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This action shall proceed on Plaintiff’s claim of excessive force against Defendant C/O
Rodriguez;
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The Findings and Recommendations issued October 17, 2016 (ECF No. 11), are
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Plaintiff’s claims of denial of medical care, free exercise of religion, access to courts,
and deprivation of property are also dismissed for failure to state a claim upon which
relief could be granted.
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IT IS SO ORDERED.
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Dated: December 2, 2016
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SENIOR DISTRICT JUDGE
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