Rivera v. Davey et al

Filing 34

ORDER ADOPTING 33 Findings and Recommendations Regarding Dismissal of Certain Claims and Defendants signed by District Judge Anthony W. Ishii on 3/13/2020. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICKY RIVERA,

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Case No. 1:16-cv-01817-AWI-BAM (PC)
Plaintiff,

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF CERTAIN CLAIMS AND
DEFENDANTS

DAVE DAVEY, et al.,
(ECF No. 33)
Defendants.

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Plaintiff Ricky Rivera 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. This matter was referred to a United States

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

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On February 11, 2020, the assigned Magistrate Judge issued findings and

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recommendations recommending that this action proceed on Plaintiff’s second amended

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complaint against Defendants Robicheaux, Chapoleun, and Crain for violations of the Free

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Exercise Clause of the First Amendment and against Defendant Davey for a deficient policy that

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violates the Free Exercise Clause of the First Amendment, and that all other claims and

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defendants be dismissed from the action. (ECF No. 33.) The findings and recommendations

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were served on Plaintiff and contained notice that any objections thereto were to be filed within

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fourteen (14) days after service. (Id. at 12.) No objections have been filed and the time in which

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to do so has now passed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds that the

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findings and recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations issued on February 11, 2020, (ECF No. 33),
are adopted in full;

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This action shall proceed on Plaintiff’s second amended complaint, filed on

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September 20, 2019, (ECF No. 32), against Defendants Robicheaux, Chapoleun,

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and Crain for violations of the Free Exercise Clause of the First Amendment and

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against Defendant Davey for a deficient policy that violates the Free Exercise

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Clause of the First Amendment;

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3.

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All other claims and defendants are dismissed from this action based on Plaintiff’s
failure to state a claim upon which relief may be granted; and

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This action is referred back to the assigned Magistrate Judge for further
proceedings.

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IT IS SO ORDERED.
Dated: March 13, 2020
SENIOR DISTRICT JUDGE

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