Armstrong v. Garcia, et al

Filing 38

ORDER signed by Judge Garland E. Burrell, Jr. on 3/9/2012 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; The retaliation claims against defendants Gillette, Barton, Callison, Roche, Rohlfing, Mangis and Davey based on their alleged denial of plaintiff's request for a wheelchair are DISMISSED; and the claims against defendants Garcia, Chandler, Young, Turner, Brewer, McCue, Fernandez and Chan are DISMISSED.(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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BRADY K. ARMSTRONG,

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Plaintiff,
vs.
SILVIA GARCIA, et al.,
Defendants.

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No. 2:11-cv-0965 GEB KJN P

ORDER
/

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 November 9, 2011, the magistrate judge filed findings and recommendations

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herein which were served on plaintiff and which contained notice to plaintiff that any objections

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to the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed

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objections to the findings 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 November 9, 2011, are adopted in

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full;
2. The retaliation claims against defendants Gillette, Barton, Callison, Roche,

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Rohlfing, Mangis and Davey based on their alleged denial of plaintiff’s request for a wheelchair

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are dismissed; and

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3. The claims against defendants Garcia, Chandler, Young, Turner, Brewer,

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McCue, Fernandez and Chan are dismissed.

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Dated: March 9, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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