Shields v. Cannon et al

Filing 49

ORDER adopting 45 FINDINGS AND RECOMMENDATIONS in full and granting in part and denying in part 41 Motion to Dismiss signed by Judge John A. Mendez on 12/18/13. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

PAUL ANDREW SHIELDS,

12
13
14

No. 2:11-cv-3185 JAM AC P

Plaintiff,
v.

ORDER

KELLY L. CANNON, et al.,

15

Defendants.

16
17

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

18

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

19

28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On September 18, 2013, the magistrate judge filed findings and recommendations herein

21

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

22

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

23

objections to the findings and recommendations (ECF No. 46) and defendants have filed a

24

response thereto (ECF No. 47). Plaintiff replied to defendants’ response (ECF. No. 48).

25

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

26

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

27

court finds the findings and recommendations to be supported by the record and by proper

28

analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed September 18, 2013, are adopted in full;

3

2. At plaintiff’s request, his equal protection claim is dismissed without prejudice;

4
5

and
3. Defendants’ motion to dismiss (ECF No. 41) is granted in part and denied in part

6

as follows: granted as to defendants Cannon and Maness; granted as to plaintiff’s claim

7

against defendant Jones in his individual capacity; denied as to plaintiff’s claim against

8

defendant Padilla in his individual capacity, and denied as to defendants Padilla and Jones

9

in their official capacity.

10

DATED: December 18, 2013

11

/s/ John A. Mendez________________________

12

UNITED STATES DISTRICT COURT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2