Lewis v. Vasquez et al

Filing 17

ORDER adopting 16 FINDINGS AND RECOMMENDATIONS, dismissing certain claims and defendants and referring matter back to the Magistrate Judge for initiation of service of process signed by Chief Judge Lawrence J. O'Neill on 8/16/2017. (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 LONNIE LEWIS, 12 13 14 15 Plaintiff, v. J. VASQUEZ, et al., Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-00131-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING CERTAIN CLAIMS AND DEFENDANTS, AND REFERRING MATTER BACK TO THE MAGISTRATE JUDGE FOR INITIATION OF SERVICE OF PROCESS [ECF No. 16] Plaintiff Lonnie Lewis is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. On July 17, 2017, the Magistrate Judge filed a Findings and 21 Recommendations recommending that this action proceed on Plaintiff’s damages claim for retaliation 22 against Defendants Vasquez and Stanley, and all other claims and Defendants be dismissed from the 23 action for failure to state a cognizable claim for relief. The Findings and Recommendations were 24 served on Plaintiff and contained notice that objections were to be filed within fourteen days. Over 25 fourteen days have passed, and no objections were filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed on July 17, 2017, are adopted in full; 3 2. This action shall proceed on Plaintiff’s damages claim for retaliation against 4 5 6 7 Defendants Vasquez and Stanley; 3. All other claims and Defendants are dismissed from the action for failure to state a cognizable claim for relief; and 4. The matter is referred back to the Magistrate Judge for initiation of service of process. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ August 16, 2017 UNITED STATES CHIEF DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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