Prado v. Swarthout et al

Filing 18

ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 04/24/17 ORDERING that the ADA claims against all defendants in their individual capacities are DISMISSED WITH PREJUDICE; the First Amendment claims against all defendants are DISMISSED WITHOUT PREJUDICE; and Plaintiff's requests for injunctive relief are dismissed as moot. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO PRADO,

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No. 2:15-cv-1866 WBS DB P

Plaintiff,

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v.

ORDER

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GARY SWARTHOUT, 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.
On March 24, 2017, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. None of the parties have

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filed objections to the findings and recommendations.
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:
1. The findings and recommendations filed March 24, 2017 (ECF No. 15) are adopted in

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full;
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2. The ADA claims against all defendants in their individual capacities are dismissed with
prejudice;

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3. The First Amendment claims against all defendants are dismissed without prejudice;
and
4. Plaintiff’s requests for injunctive relief are dismissed as moot.
Dated: April 24, 2017

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DLB:9
Prad1866.800

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