(PC) Hammler v. Clark et al

Filing 32

ORDER Adopting 28 Findings and Recommendation, and Dismissing Certain Claims and Defendants, signed by District Judge Anthony W. Ishii on 7/8/19. Peterson, Garza, Saucedo and Uhlik added. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ALLEN HAMMLER,

12
13
14
15

Plaintiff,
v.
CLARK, et.al.,
Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:19-cv-00373-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
[ECF No. 28]

Plaintiff Allen Hammler is appearing pro se and in forma pauperis in this civil rights action

19

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

20

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

21

On May 30, 2019, the Magistrate Judge issued a Findings and Recommendation

22

recommending that this action proceed against Defendants Gamboa, Peterson, Garza, Saucedo, Uhlik

23

and Clark for violation of the First Amendment. (ECF No. 28.) The Findings and Recommendation

24

was served on Plaintiff and contained notice that objections were due within fourteen days. (Id.) Over

25

fourteen days have passed and no objections were filed.

26

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

27

novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

28

Recommendations to be supported by the record and by proper analysis.
1

1

Based on the foregoing, it is HEREBY ORDERED that:

2

1.

The Findings and Recommendations filed on May 30, 2019, are adopted in full;

3

2.

This action shall proceed against Defendants Gamboa, Peterson, Garza, Saucedo, Uhlik
and Clark for violation of the First Amendment;

4
5

3.

cognizable claim for relief; and

6
7

All other Defendants and claims are dismissed from the action for failure to state a

4.

The matter is referred back to the Magistrate Judge for initiation of service of process.

8
9

IT IS SO ORDERED.

10

Dated: July 8, 2019

11

SENIOR DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2