Pimentel v. Beard et al

Filing 55

ORDER signed by District Judge Morrison C. England, Jr. on 10/24/2017 ORDERING that the 47 findings and recommendations are ADOPTED IN FULL. All claims in the second amended complaint, except the claims for retaliation and for violation of plaintiff's First Amendment right of access to the courts against defendant Fleming as described in the 6/13/2017 order, are DISMISSED without prejudice. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICARDO PIMENTEL,

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No. 2:14-cv-1192 MCE DB P

Plaintiff,
v.

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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

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

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

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On June 13, 2017, the magistrate judge filed findings and recommendations herein which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed June 13, 2017 (ECF No. 47) are ADOPTED
IN FULL; and
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2. All claims in the second amended complaint, except the claims for retaliation and for

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violation of plaintiff’s First Amendment right of access to the courts against defendant Fleming as

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described in the June 13, 2017 order, are DISMISSED without prejudice.

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IT IS SO ORDERED.
Dated: October 24, 2017

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