Martin v. Desha

Filing 19

ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS and Dismissing Non-Cognizable Claims signed by District Judge Anthony W. Ishii on 04/11/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LANELL MARTIN, 12 13 14 15 16 17 Plaintiff, v. D. DESHA, et al., Defendants. CASE No. 1:16-cv-01353-AWI-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING NON-COGNIZABLE CLAIMS (ECF Nos. 13, 14) FOURTEEN (14) DAY DEADLINE FOR DEFENDANT TO FILE RESPONSIVE PLEADING OR MOTION 18 19 20 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought 21 pursuant to 42 U.S.C. § 1983. The action was removed from the Madera County 22 Superior Court on September 12, 2016 and was referred to a United States Magistrate 23 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States 24 District Court for the Eastern District of California. 25 On January 23, 2017, the Magistrate Judge screened Plaintiff’s complaint and 26 found that he stated a cognizable First Amendment retaliation claim for damages against 27 Defendant Desha in her individual capacity, but no other cognizable claims. (ECF No. 28 1 14.) The Magistrate Judge issued findings and recommendations for Plaintiff to proceed 2 on the cognizable retaliation claim and for the dismissal of all other claims with prejudice. 3 (Id.). No objections were filed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has 5 conducted a de novo review of this case. Having carefully reviewed the entire file, the 6 Court finds the findings and recommendations to be supported by the record and by 7 proper analysis. 8 Based on the foregoing, it is HEREBY ORDERED that: 9 1. 10 11 2017 (ECF No. 14), in full; 2. 12 13 16 Plaintiff shall proceed on his First Amendment retaliation claim for damages against Defendant Desha in her individual capacity; 3. 14 15 The Court adopts the findings and recommendations, filed January 23, All other claims asserted in the second amended complaint are DISMISSED with prejudice, and 4. Defendant Desha shall file a responsive pleading or motion within fourteen days of this order. 17 18 19 IT IS SO ORDERED. Dated: April 11, 2017 SENIOR DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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