Reece v. Sisto et al

Filing 64

ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 03/31/16 ORDERING that defendants' 60 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART as follows: DENIED as to plaintiff's Eighth Amendment claim; GRANTED as to plaintiff's Fourteenth Amendment claim; and DENIED without prejudice that plaintiff be deemed a vexatious litigant and be required to post a security. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES G. REECE,

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Plaintiff,

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No. 2:10-cv-203-JAM-EFB P

v.

ORDER

D.K. SISTO, et al.,

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Defendants.

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

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

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 1, 2016, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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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 March 1, 2016, are adopted in full;

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2. Defendants’ motion to dismiss is denied as to plaintiff’s Eighth Amendment claim;

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3. Defendants’ motion to dismiss is granted as to plaintiff’s Fourteenth Amendment

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claim; and
4. Defendants’ motion that plaintiff be deemed a vexatious litigant and be required to post
a security is denied without prejudice.

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So ordered

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DATED: March 31, 2016

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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