Drake v. Kernan, et al.
Filing
31
ORDER ADOPTING 28 Findings and Recommendations, DISMISSING Certain Claims, and Referring the Matter Back to the Magistrate Judge for Initiation of Service of Process, signed by District Judge Anthony W. Ishii on 8/1/18. (Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
SAM DRAKE,
12
13
14
15
Plaintiff,
v.
SCOTT KERNAN, et al.,
Defendants.
16
17
18
)
)
)
)
)
)
)
)
)
)
Case No.: 1:17-cv-01500-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING CERTAIN
CLAIMS, AND REFERRING THE MATTER
BACK TO THE MAGISTRATE JUDGE FOR
INITIATION OF SERVICE OF PROCESS
[ECF Nos. 26, 27, 28]
Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
19
On May 10, 2018, the Magistrate Judge filed Findings and Recommendations recommending
20
that this action proceed against Defendants Navarro, Gonzales, Allison, Sexton, Moak, and McCabe
21
for conspiracy and failure to protect, against Defendants Navarro and Gonzales for serving
22
contaminated food and retaliation, and against Defendant Gonzales for a due process violation. (ECF
23
No. 28.) It was also recommended that Plaintiff’s due process allegation regarding false allegations
24
and confiscation of his television and request for declaratory relief be dismissed for failure to state a
25
cognizable claim for relief, and Plaintiff’s motion for appointment of counsel be denied. (Id.) The
26
Findings and Recommendations were served on Plaintiff and contained notice that objections were to
27
be filed within thirty (30) days. (Id.) On July 2, 2018, Plaintiff filed a notice indicating that he has no
28
intentions of filing any objections. (ECF No. 30.)
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 May 10, 2018, Findings and Recommendations (ECF No. 28) are adopted in full;
6
2.
This action shall proceed against Defendants Navarro, Gonzales, Allison, Sexton,
7
Moak, and McCabe for conspiracy and failure to protect, against Defendants Navarro
8
and Gonzales for serving contaminated food and retaliation, and against Defendant
9
Gonzales for a due process violation;
10
3.
Plaintiff’s due process allegation regarding false allegations and confiscation of his
11
television and request for declaratory relief are dismissed for failure to state a
12
cognizable claim for relief;
13
4.
Plaintiff’s motion for appointment of counsel is denied; and
14
5.
The matter is referred back to the assigned Magistrate Judge for initiation of service of
15
process.
16
17
IT IS SO ORDERED.
18
Dated: August 1, 2018
19
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?