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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID HAMILTON, 12 13 14 No. 2:13-CV-1143-MCE-CMK-P Plaintiff, v. ORDER K. SUTTERFIELD, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 18 § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District 19 of California local rules. 20 On September 8, 2017, the Magistrate Judge filed findings and recommendations herein 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. ECF No. 43. Timely objections to the findings and recommendations 23 have been filed. ECF No. 45. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 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 Accordingly, IT IS HEREBY ORDERED that: 1 1 2 3 4 1. The findings and recommendations filed September 8, 2017 (ECF No. 43), ARE ADOPTED IN FULL; 2. Defendants’ motion to dismiss (ECF No. 20) is GRANTED IN PART and DENIED IN PART; 5 3. Plaintiff’s due process claim is DISMISSED with prejudice; 6 4. Plaintiff’s First Amendment claim is DISMISSED with prejudice; 7 5 Defendants J. Buckard, C. Heintschel, and I. Reyes are DISMISSED with 8 prejudice; 9 6. This action shall proceed on plaintiff’s Eighth Amendment claim as against the 10 remaining defendants who shall file an answer to plaintiff’s first amended complaint within thirty 11 (30) days of the date of electronic filing of this order; and 12 7. 13 IT IS SO ORDERED. 14 The matter is referred back to the Magistrate Judge for further proceedings. Dated: September 29, 2017 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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