Glass v. California Department of Corrections and Rehabilitation et al

Filing 13

ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Certain Claims and Defendants signed by District Judge Anthony W. Ishii on 2/6/2018. California Department of Corrections and Rehabilitation and Kern Valley State Prison terminated. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DONALD GLASS, 11 12 13 14 Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 15 16 Defendants. CASE No. 1: 17-cv-01013-AWI-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS FOR ACTION TO PROCEED ON EIGHTH AMENDMENT CLAIMS AGAINST DEFENDANTS DURAN AND GREGORY AND TO DISMISS ALL OTHER CLAIMS AND DEFENDANTS (ECF NO. 9) 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the 20 United States District Court for the Eastern District of California. 21 On October 31, 2017, the Magistrate Judge screened Plaintiff’s complaint and 22 found that it states the following cognizable Eighth Amendment claims against 23 Defendants Gregory and Duran, but no other claims: a claim against Defendants 24 Gregory and Duran for excessive force, a claim against Defendants Gregory and Duran 25 for deliberate indifference to medical needs, and a claim against Defendant Duran for a 26 failure to protect.. (ECF No. 7.) Plaintiff was ordered to file an amended complaint or 27 notify the Court of his willingness to proceed only on the cognizable claims. (Id.) Plaintiff 28 1 chose to proceed. (ECF No. 8.) The Magistrate Judge then issued findings and 2 recommendations for Plaintiff to proceed on the cognizable claims identified in the 3 screening order, and for all other claims and Defendants to be dismissed. (ECF No. 9) 4 No objections were filed. 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has 6 conducted a de novo review of this case. Having carefully reviewed the entire file, the 7 Court finds the findings and recommendations to be supported by the record and by 8 proper analysis. 9 10 Accordingly, it is HEREBY ORDERED that: 1. 11 12 The Court adopts the December 4, 2017 findings and recommendations (ECF No. 9) in full; 2. Plaintiff shall proceed on his cognizable Eighth Amendment claims for 13 money damages against Defendants Duran and Gregory in their individual 14 capacities; and 15 16 3. All other claims and Defendants asserted in the complaint are dismissed with prejudice. 17 18 19 IT IS SO ORDERED. Dated: February 6, 2018 SENIOR DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?