O'Keefe v. Cate

Filing 116

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/29/14 recommending the dismissal of the following claims and defendants: 1) plaintiff's claim seeking systemic changes regarding California Department of Corrections and Rehabilitation's treatment of inmates with voyeurism and exhibitionism; 2) plaintiff's claim alleging that his failure to receive mental health care violated his right to due process; 3) plaintiff's claim that defendants' fai lure to return him to R.J. Donovan Correctional Facility was retaliatory and violated his constitutional rights; 4) defendant Brown, Cate, Beard, Higgins, Paramo, Seibel, Greenwald, McCarthy and Shuman. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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Plaintiff,

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No. 2: 11-cv-2659 KJM KJN P

v.

FINDINGS AND RECOMMENDATIONS

JERRY BROWN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. The court has separately issued an order addressing plaintiff’s fourth

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amended complaint.
Accordingly, for the reason stated in that order, the undersigned HEREBY

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RECOMMENDS the dismissal of the following claims and defendants: 1) plaintiff’s claim

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seeking systemic changes regarding California Department of Corrections and Rehabilitation’s

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treatment of inmates with voyeurism and exhibitionism; 2) plaintiff’s claim alleging that his

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failure to receive mental health care violated his right to due process; 3) plaintiff’s claim that

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defendants’ failure to return him to the R.J. Donovan Correctional Facility was retaliatory and

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violated his constitutional rights; 4) defendants Brown, Cate, Beard, Higgins, Paramo, Seibel,

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Greenwald, McCarthy and Shuman.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: January 29, 2014

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ok2659.fr

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