Heilman v. Wasko, et al

Filing 36

ORDER adopting 32 FINDINGS AND RECOMMENDATIONS in full and granting in part and denying in part 23 Motion to Dismiss signed by Judge John A. Mendez on 12/18/13. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOHN HEILMAN, 12 No. 2:12-cv-1966 JAM AC P Plaintiff, 13 v. 14 TODD WASKO, 15 ORDER Defendant. 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 13, 2013, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. Plaintiff has filed 23 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 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 13, 2013, are adopted in full; and 3 2. Defendant’s motion to dismiss (ECF No. 23) is granted in part, dismissing the portion 4 of plaintiff’s claim alleging that defendant issued three retaliatory 128-B Chronos, and denied in 5 part as to the portion of the claim alleging that defendant issued a retaliatory RVR dated October 6 28, 2011. 7 DATED: December 18, 2013 8 /s/ John A. Mendez________________________ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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