Smith v. Hutchinson et al

Filing 31

ORDER ADOPTING 24 FINDINGS AND RECOMMENDATIONS IN FULL signed by District Judge Anthony W. Ishii on 2/9/2018. This action shall proceed against J. Torres, M. Hoggard and J. Acebedo. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOY TERRELL SMITH,

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Plaintiff,

Case No. 1:16-cv-01924-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(ECF Nos. 10, 11, & 24)
J. TORRES, et al.,
Defendants.

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Toy Terrell Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred

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to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 26, 2017, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations, recommending that all claims and defendants, except for Plaintiff’s claims

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against J. Torres, M. Hoggard, and J. Acebedo for failure to protect in violation of the Eighth

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Amendment. (ECF No. 24, p. 14).

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The parties were provided an opportunity to file objections to the findings and

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recommendations within fourteen days. On January 12, 2018, Plaintiff filed an objection to the

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findings and recommendations. (ECF No. 25.) While Plaintiff identifies several perceived

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factual inaccuracies in the findings and recommendations, he articulates no legal argument as to

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any perceived error in the Magistrate Judge’s legal reasoning concerning a specific claim. (Id.)

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Even if correct, the purported factual inaccuracies in the Magistrate Judge’s findings and

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recommendations do not impact the outcome.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The findings and recommendations issued by the Magistrate Judge on December 26,

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2017, are ADOPTED IN FULL;
2. All claims and defendants, except for Plaintiff’s claims

against J. Torres, M.

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Hoggard, and J. Acebedo for failure to protect in violation of the Eighth

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Amendment, are DISMISSED; and

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3. This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated: February 9, 2018
SENIOR DISTRICT JUDGE

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