Moore v. Torres et al
Filing
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ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Certain Claims and Defendants signed by Chief Judge Lawrence J. O'Neill on 12/4/2018. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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XZAVR MOORE also known as AMBER
MOORE,
Plaintiff,
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v.
Case No. 1:18-cv-00601-LJO-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF Nos. 12, 15)
S. TORRES, et al.,
Defendants.
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Xzavr Moore also known as Amber Moore (“Plaintiff”) is a state prisoner proceeding
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pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On
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September 12, 2018, Plaintiff filed a First Amended Complaint against S. Torres, M. Quandt,
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and C. Grieco (collectively, “Defendants”), correctional officers at Central California Women’s
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Facility. (ECF No. 12). The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On November 8, 2018, Magistrate Judge Erica P. Grosjean entered findings and
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recommendations recommending that all claims and defendants in the action be dismissed,
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except Plaintiff’s claim against C. Grieco for retaliation in violation of the First Amendment.
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(ECF No. 15).
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Plaintiff was provided an opportunity to file objections to the findings and
recommendations. Id. Plaintiff filed objections on December 3, 2018. (ECF No. 16).
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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,
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the Court finds the findings and recommendations to be supported by the record and proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations issued on November 8, 2018, (ECF No. 15), are
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ADOPTED in full;
2. This action shall proceed against C. Grieco on Plaintiff’s claim of retaliation in
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violation of the First Amendment;
3. All other claims and defendants, including S. Torres and M. Quandt, are dismissed;
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and
4. This action is referred to the Magistrate Judge for further proceedings.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
December 4, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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