Johnson v. Perry et al

Filing 13

ORDER adopting in full 12 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 9/13/18. Claims One, Two, Four and Five of the First Amended Complaint are DISMISSED without prejudice for failure to state a cognizable claim. Defendants Knedler, Davis, Morales, Flice, Walker, Krause, Fletcher, Cross, Sharpe,Pena and Martinez are DISMISSED without prejudice for lack of cognizable claims against them.(Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GILROY E. JOHNSON,

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No. 2:16-cv-0367 MCE AC P

Plaintiff,
v.

ORDER

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SUZANNE M. PERRY, 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 August 21, 2018, 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. ECF No. 12. Plaintiff has

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not filed objections to 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 August 21, 2018, are adopted in full; and

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2. Claims One, Two, Four and Five of the First Amended Complaint are dismissed
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without prejudice for failure to state a cognizable claim; and
3. Defendants Knedler, Davis, Morales, Flice, Walker, Krause, Fletcher, Cross, Sharpe,

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Pena and Martinez are dismissed without prejudice for lack of cognizable claims against them.

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Dated: September 13, 2018

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