Walker v. CA Dept of Corrections & Rehabilitation, et al
Filing
35
ORDER ADOPTING 34 FINDINGS and RECOMMENDATIONS, in full, signed by Judge William B. Shubb on 3/21/2012. Defendants' 22 Motion to Dismiss is GRANTED and DENIED in part. Plaintiff's state law claims ("Causes of Action" 2 - 5) an d federal claims for injunctive and declaratory relief are DISMISSED without leave to amend. This action shall proceed only on plaintiff's federal damages claims under Section 1983 ("Causes of Action" 1) against defendants Ryan, Bourland, Nunez, Chavarria, Anaya, Rush, and Price. Plaintiff GRANTED leave to file and serve, within 30 days after date of Order, an Amended Complaint that clearly alleges only those federal claims addressed in Findings and Recommendations. (Marciel, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
K. JAMEL WALKER,
11
Plaintiff,
vs.
12
13
No. 2:09-cv-0569-WBS-KJN-P
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
14
Defendants.
ORDER
/
15
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
16
17
seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
18
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 22, 2012, the magistrate judge filed findings and recommendations
19
20
herein which were served on all parties and which contained notice to all parties that any
21
objections to the findings and recommendations were to be filed within fourteen days. Neither
22
party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be
23
24
supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
25
ORDERED that:
26
////
1
1
2
1. The findings and recommendations filed February 22, 2012, are adopted in
full.
3
4
2. Defendants’ motion to dismiss (Dkt. No. 22), is granted in part, and denied in
part.
5
6
3. Plaintiff’s state law claims (“causes of action” two through five), and federal
claims for injunctive and declaratory relief, are dismissed without leave to amend.
7
4. This action shall proceed only on plaintiff’s federal damages claims under
8
Section 1983 (“cause of action” one), against the current defendants (Ryan, Bourland, Nunez,
9
Chavarria, Anaya, Rush, and Price).
10
5. Plaintiff is granted leave to file and serve, within thirty (30) days after the date
11
of this order, an amended complaint that clearly alleges, against the appropriate defendants, only
12
those federal claims addressed in the findings and recommendations. The amended complaint
13
shall be limited in length to twenty (20) pages, and should be typed and double-spaced. Failure
14
of plaintiff to timely file and serve an amended complaint that conforms to these parameters shall
15
result in the dismissal of this action.
16
DATED: March 21, 2012
17
18
19
20
21
22
/walk0569.801
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?