McLaughlin v. Castro et al

Filing 19

ORDER ADOPTING 17 Findings and Recommendations and Dismissing Certain Claims, signed by District Judge Dale A. Drozd on 9/5/19. B. Odle (Chief Disciplinary Officet at Corcoran State Prison), J. Amaya (Correctional Lieutenant at Corcoran State Prison) and F. Munoz (Corectional Lieutenant at Corcoran State Prison) terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN MCLAUGHLIN,

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Plaintiff,

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v.
J. CASTRO, et al.,
Defendants.

No. 1:17-cv-01597-DAD-JLT

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS
(Doc. No. 17)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 20, 2019, the assigned magistrate judge issued findings and recommendations,

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recommending that this action proceed only on the following claims: (1) a First Amendment

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retaliation claim against defendants Riley, Magallanes, Castro, Perez, and DeAcevedo; (2) a

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Fourteenth Amendment due process claim against defendant Amaya; and (3) a Fourteenth

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Amendment equal protection claim against defendants Castro and Magallanes. (Doc. No. 17.)

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The findings and recommendations were served on plaintiff and contained notice that any

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objections thereto were to be filed within fourteen days after service. Thereafter, on July 8, 2019,

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plaintiff filed a notice of voluntary dismissal of his Fourteenth Amendment due process claim, in
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which he also states that he wishes to proceed only on those claims found to be cognizable in the

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findings and recommendations. (Doc. No. 19.)

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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, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on June 20, 2019 (Doc. No. 17) are
adopted in full;

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This action shall proceed on a First Amendment retaliation claim against

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defendants Riley, Magallanes, Castro, Perez, and DeAcevedo, and a Fourteenth

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Amendment equal protection claim against defendants Castro and Magallanes;

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3.

All other claims are hereby dismissed with prejudice; and

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4.

This case is referred back to the assigned magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

September 5, 2019
UNITED STATES DISTRICT JUDGE

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