Wick v. Angelea et al

Filing 74

ORDER signed by Judge Garland E. Burrell, Jr. on 2/11/2013 FINDINGS AND RECOMMENDATIONS 72 are ADOPTED in FULLl; with the exception of the retaliation claim against defendants Angelea, Monroe, Mejia, and Grannis, all claims are DISMISSED from this action for failure to state a claim upon which relief may be granted; and defendants Angelea, Monroe, Mejia, and Grannis are DIRECTED to file, within 30 days of this order, a response to the amended complaint as herein narrowed. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC WICK,

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Plaintiff,

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vs.

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No. 2:09-cv-1027 GEB EFB P

ANGELEA, et al.,

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Defendants.

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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.

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On January 14, 2013, 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 from the

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date the findings and recommendations were served. Plaintiff has filed objections to the findings

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and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 14, 2013, are adopted in full;

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2. With the exception of the retaliation claim against defendants Angelea,

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Monroe, Mejia, and Grannis, all claims are dismissed from this action for failure to state a claim

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upon which relief may be granted; and

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3. Defendants Angelea, Monroe, Mejia, and Grannis are directed to file, within
30 days of this order, a response to the amended complaint as herein narrowed.

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So ordered.

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Dated: February 11, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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