Hamilton v. Mule Creek State Prison, et al.

Filing 46

ORDER signed by District Judge Morrison C. England, Jr. on 9/29/17: The findings and recommendations 43 , ARE ADOPTED IN FULL. Motion to Dismiss 20 is GRANTED IN PART and DENIED IN PART. Defendants J. Buckard, C. Heintschel, and I. Reyes are DISMISSED with prejudice. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID HAMILTON,

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No. 2:13-CV-1143-MCE-CMK-P

Plaintiff,
v.

ORDER

K. SUTTERFIELD, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C.

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§ 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District

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of California local rules.

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On September 8, 2017, the Magistrate Judge filed findings and recommendations herein

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which were served on the parties and which contained notice that the parties may file objections

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within a specified time. ECF No. 43. Timely objections to the findings and recommendations

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have been filed. ECF No. 45.

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

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

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

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:
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The findings and recommendations filed September 8, 2017 (ECF No. 43), ARE

ADOPTED IN FULL;
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Defendants’ motion to dismiss (ECF No. 20) is GRANTED IN PART and

DENIED IN PART;

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3.

Plaintiff’s due process claim is DISMISSED with prejudice;

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4.

Plaintiff’s First Amendment claim is DISMISSED with prejudice;

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Defendants J. Buckard, C. Heintschel, and I. Reyes are DISMISSED with

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prejudice;

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6.

This action shall proceed on plaintiff’s Eighth Amendment claim as against the

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remaining defendants who shall file an answer to plaintiff’s first amended complaint within thirty

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(30) days of the date of electronic filing of this order; and

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7.

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IT IS SO ORDERED.

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The matter is referred back to the Magistrate Judge for further proceedings.

Dated: September 29, 2017

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