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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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K. JAMEL WALKER,

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Plaintiff,
vs.

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No. 2:09-cv-0569-WBS-KJN-P

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.

ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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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

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Neither

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party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed February 22, 2012, are adopted in
full.

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2. Defendants’ motion to dismiss (Dkt. No. 22), is granted in part, and denied in
part.

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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.

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4. This action shall proceed only on plaintiff’s federal damages claims under

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Section 1983 (“cause of action” one), against the current defendants (Ryan, Bourland, Nunez,

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Chavarria, Anaya, Rush, and Price).

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5. Plaintiff is granted leave to file and serve, within thirty (30) days after the date

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of this order, an amended complaint that clearly alleges, against the appropriate defendants, only

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those federal claims addressed in the findings and recommendations. The amended complaint

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shall be limited in length to twenty (20) pages, and should be typed and double-spaced. Failure

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of plaintiff to timely file and serve an amended complaint that conforms to these parameters shall

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result in the dismissal of this action.

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DATED: March 21, 2012

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/walk0569.801

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