(PC) Seymour v. Wasco State Prison Administration, et al.

Filing 18

ORDER ADOPTING 14 Findings and Recommendations signed by District Judge Anthony W. Ishii on 1/10/2022. (Sant Agata, S)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 AARON D. SEYMOUR, 8 Plaintiff, 9 10 11 CASE NO. 1:21-cv-01485-AWI-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. WASCO STATE PRISON ADMINISTRATION, et al., (Doc. No. 14) Defendants. 12 13 14 Plaintiff Aaron D. Seymour is a state prisoner proceeding pro se and in forma pauperis in 15 this civil rights action. The matter was referred to a United States magistrate judge pursuant to 28 16 U.S.C. § 636(b)(1)(B) and Eastern District of California Local Rule 302. 17 On December 27, 2021, the assigned magistrate judge entered findings and 18 recommendations, recommending that “[t]his case proceed on Plaintiff’s Eighth Amendment 19 conditions of confinement claim against defendants Doe 1, Degough, and Doe 2,” and that “[a]ll 20 other claims be dismissed.” Doc. No. 14 at 18. Plaintiff was provided an opportunity to file 21 objections to the findings and recommendations. Id. Plaintiff filed his objections on January 5, 22 2022. Doc. No. 15. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s 25 objections, the Court concludes that the findings and recommendations are supported by the 26 record and by proper analysis. 27 /// 28 /// 1 ORDER 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations (Doc. No. 14) that were issued on December 4 27, 2021, are ADOPTED in full; 5 a. 6 confinement claim against Defendants Doe 1, Degough, and Doe 2; 7 8 This case shall proceed on Plaintiff’s Eighth Amendment conditions of b. 2. All other claims are DISMISSED; The Clerk of Court is directed to reflect the dismissal of all Defendants currently listed on the Court’s docket, and to add Defendants Doe 1 (the Warden of Wasco 9 10 State Prison); Degough (the Wasco State Prison Water System Contractor), and 11 Doe 2 (the head of the Health and Safety Division of Wasco State Prison); and 12 3. This case is REFERRED BACK to the magistrate judge for further proceedings. 13 14 IT IS SO ORDERED. 15 Dated: January 10, 2022 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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