Howell v. Babb, et al.
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING Certain Claims and Defendants 11 , signed by Chief Judge Lawrence J. O'Neill on 9/5/2018: This action proceeds on Plaintiff's first amended complaint against Defendants Babb, Tu macder and Gallagher for a violation of his Fourteenth Amendment due process rights and for retaliation in violation of the First Amendment; This matter is referred back to the assigned Magistrate Judge for further proceedings consistent with this order. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KAREEM J. HOWELL,
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Plaintiff,
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v.
S. BABB, et al.,
Defendants.
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1:18-cv-00467-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(Doc. No. 11)
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Plaintiff Kareem J. Howell is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. This 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 August 8, 2018, the assigned Magistrate Judge issued findings and recommendations
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finding that Plaintiff’s amended complaint states cognizable claims against Defendants Babb,
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Tumacder and Gallagher for a violation of his Fourteenth Amendment due process rights and for
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retaliation in violation of the First Amendment. (Doc. No. 11.) The Magistrate Judge further
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recommending dismissing all other claims and defendants for the failure to state a claim upon
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which relief may be granted. (Id. at 6.) Those findings and recommendations were served on
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Plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days.
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(Id. at 7.) More than fourteen days have passed, and no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted
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a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that
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the Magistrate Judge’s findings and recommendations are supported by the record and by proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The Findings and Recommendations issued on August 8, 2018, (Doc. No. 11) are
adopted in full;
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This action proceeds on Plaintiff’s first amended complaint against Defendants
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Babb, Tumacder and Gallagher for a violation of his Fourteenth Amendment due process rights
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and for retaliation in violation of the First Amendment;
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3.
All other claims and defendants are dismissed from this action for the failure to
state a cognizable claim; and
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This matter is referred back to the assigned Magistrate Judge for further
proceedings consistent with this order.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
September 5, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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