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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 TOY TERRELL SMITH, 9 10 11 12 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. 13 14 Toy Terrell Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma 15 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred 16 to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 17 On December 26, 2017, Magistrate Judge Erica P. Grosjean entered findings and 18 recommendations, recommending that all claims and defendants, except for Plaintiff’s claims 19 against J. Torres, M. Hoggard, and J. Acebedo for failure to protect in violation of the Eighth 20 Amendment. (ECF No. 24, p. 14). 21 The parties were provided an opportunity to file objections to the findings and 22 recommendations within fourteen days. On January 12, 2018, Plaintiff filed an objection to the 23 findings and recommendations. (ECF No. 25.) While Plaintiff identifies several perceived 24 factual inaccuracies in the findings and recommendations, he articulates no legal argument as to 25 any perceived error in the Magistrate Judge’s legal reasoning concerning a specific claim. (Id.) 26 Even if correct, the purported factual inaccuracies in the Magistrate Judge’s findings and 27 recommendations do not impact the outcome. 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 1 1 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 2 the Court finds the findings and recommendations to be supported by the record and proper 3 analysis. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. The findings and recommendations issued by the Magistrate Judge on December 26, 6 7 2017, are ADOPTED IN FULL; 2. All claims and defendants, except for Plaintiff’s claims against J. Torres, M. 8 Hoggard, and J. Acebedo for failure to protect in violation of the Eighth 9 Amendment, are DISMISSED; and 10 3. This case is referred back to the Magistrate Judge for further proceedings. 11 12 13 IT IS SO ORDERED. Dated: February 9, 2018 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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