(PC)Seymour v. Shirley et al

Filing 13

ORDER ADOPTING Findings and Recommendations and DISMISSING One Claim with prejudice #1 , #10 signed by District Judge Jennifer L. Thurston on 9/18/2022. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AARON D. SEYMOUR, 12 13 14 Plaintiff, v. H. SHIRLEY, et al., 15 No. 1:22-cv-00938-JLT-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ONE CLAIM WITH PREJUDICE (Docs. 1 & 10) Defendants. 16 17 18 Aaron D. Seymour (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 10, 2022, the assigned magistrate judge found that Plaintiff’s Eighth 22 Amendment conditions of confinement claims against defendants Shirley, Degough, and 23 Cronjager, which are based on allegations that the water at Wasco State Prison is contaminated 24 and that Defendants have not appropriately responded to the issue, should proceed past screening. 25 (Doc. 9.) The assigned magistrate judge also entered findings and recommendations, 26 recommending “that Plaintiff’s Eighth Amendment conditions of confinement against defendant 27 Shirley based on allegations that she misallocated federal funds be DISMISSED with prejudice.” 28 (Doc. 10 at 2.) 1 1 Plaintiff was provided an opportunity to file objections to the findings and 2 recommendations. The deadline for filing objections has passed and Plaintiff has not filed 3 objections or otherwise responded to the findings and recommendations. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 5 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 6 Court finds the findings and recommendations to be supported by the record and proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. 9 10 The findings and recommendations issued on August 10, 2022, (Doc. 10), are ADOPTED IN FULL. 2. Plaintiff’s Eighth Amendment conditions of confinement against defendant Shirley 11 based on allegations that she misallocated federal funds is DISMISSED with 12 prejudice. 13 3. The case shall remain OPEN. 14 15 16 IT IS SO ORDERED. Dated: September 18, 2022 17 18 19 20 21 22 23 24 25 26 27 28 2

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