Johnson v. North Kern State Prison et al
ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS THAT CERTAIN CLAIMS AND DEFENDANTS BE DISMISSED AND FIRST AMENDED COMPLAINT BE ALLOWED TO PROCEED ON COGNIZABLE CLAIMS signed by District Judge Dale A. Drozd on 2/21/2017. (Lundstrom, T)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CEDRIC CHESTER JOHNSON,
NORTH KERN STATE PRISON, et al.,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT CERTAIN
CLAIMS AND DEFENDANTS BE
DISMISSED AND FIRST AMENDED
COMPLAINT BE ALLOWED TO PROCEED
ON COGNIZABLE CLAIMS
(Doc. No. 15)
Plaintiff is a state prisoner proceeding pro se and in forma papueris in this civil rights
action filed on September 6, 2016.
On December 16, 2016, the assigned magistrate judge issued findings and
recommendations recommending that this action proceed on plaintiff’s first amended complaint,
filed on November 21, 2016, against defendants Speakman, Rocha, Jones and Mrs. K for
deliberate indifference in violation of the Eighth Amendment and that plaintiff’s remaining
claims and defendant Warden of North Kern State Prison be dismissed from this action. (Doc.
No. 15.) Those findings and recommendations were served on plaintiff and contained notice that
any objections thereto were to be filed within fourteen (14) days after service. (Doc. No. 15.) No
objections were filed, and the time in which to do so has passed. Plaintiff previously consented to
proceed only on his claims found cognizable by the assigned magistrate judge, and declined the
opportunity to file a second amended complaint. (Doc. No. 14.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has
conducted a de novo review of this case. Having carefully reviewed the entire file, the
undersigned finds the findings and recommendations to be supported by the record and by proper
1. The findings and recommendations issued on December 16, 2016 (Doc. No. 15) are
adopted in full;
2. This action shall proceed on plaintiff’s first amended complaint, filed on November 21,
2016, against defendants Speakman, Rocha, Jones and Mrs. K.;
3. Plaintiff’s remaining claims are dismissed from this action; and
4. Defendant Warden of North Kern State Prison is dismissed from this action; and
5. The matter is referred back to the assigned magistrate judge for further proceedings
consistent with this order.
IT IS SO ORDERED.
February 21, 2017
UNITED STATES DISTRICT JUDGE
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