Jones v. Lowder, et al.

Filing 10

ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS, FINDING SERVICE OF COMPLAINT APPROPRIATE AS TO DEFENDANT R. LOWDER ON PLAINTIFF'S EQUAL PROTECTION CLAIM, DISMISSING ALL OTHER CLAIMS AND DEFENDANTS, AND REFERRING MATTER BACK TO THE MAGISTRATE JUDGE FOR INITIATION OF SERVICE OF PROCESS signed by District Judge Anthony W. Ishii on 6/14/2017. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CLEVELAND JONES, 12 Plaintiff, 13 14 v. R. LOWDER, et al., 15 Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01911-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, FINDING SERVICE OF COMPLAINT APPROPRIATE AS TO DEFENDANT R. LOWDER ON PLAINTIFF’S EQUAL PROTECTION CLAIM, DISMISSING ALL OTHER CLAIMS AND DEFENDANTS, AND REFERRING MATTER BACK TO THE MAGISTRATE JUDGE FOR INITIATION OF SERVICE OF PROCESS [ECF Nos. 1, 7, 8, 9] Plaintiff Cleveland Jones is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 20 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 21 636(b)(1)(B) and Local Rule 302. 22 Recommendations recommending that this action proceed against Defendant R. Lowder on Plaintiff’s 23 Equal Protection claim and all other claims and Defendants be dismissed from the action for failure to 24 state a cognizable claim for relief. The Findings and Recommendations were served on Plaintiff and 25 contained notice that objections were to be filed within fourteen days. Over fourteen days have passed 26 and no objections were filed. 27 /// 28 /// On May 4, 2017, the Magistrate Judge filed Findings and 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 2 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 3 Recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, filed on May 4, 2017, are adopted in full; 6 2. This action shall proceed against Defendant R. Lowder on Plaintiff’s Equal Protection claim; 7 8 3. cognizable claim for relief; and 9 10 All other claims and Defendants are dismissed from the action for failure to state a 4. The matter is referred back the Magistrate Judge for initiation of service of process. 11 IT IS SO ORDERED. 12 Dated: June 14, 2017 13 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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