Daniels v. Aguillera et al
Filing
32
ORDER signed by District Judge John A. Mendez on 4/11/2018 FINDINGS AND RECOMMENDATIONS 27 are ADOPTED in FULL; the First Amendment claims against defendants M. Ditomas, S. Prevette, Joan Gerbasi, J. Lewis as well as the Eight Amendment claims against defendants Conchas, T. Morris or T. Morrison, Sargent Thomas, and Sergant Anderson are DISMISSED for failing to state a claim upon which relief can be granted. (Reader, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
ZACHARIAH DANIELS,
12
13
14
15
No. 2:16-cv-00996 JAM CKD P
Plaintiff,
v.
ORDER
DR. AGUILLERA, et al.,
Defendants.
16
17
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
18
pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
19
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20
On January 24, 2018, the magistrate judge filed findings and recommendations herein
21
which were served on plaintiff and which contained notice to plaintiff that any objections to the
22
findings and recommendations were to be filed within fourteen days. Plaintiff has not filed
23
objections to the findings and recommendations.
24
The court presumes that any findings of fact are correct. See Orand v. United States, 602
25
F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
26
See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having
27
reviewed the file, the court finds the findings and recommendations to be supported by the record
28
and by the magistrate judge’s analysis.
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed January 24, 2018, are adopted in full; and
3
2. The First Amendment claims against defendants M. Ditomas, S. Prevette, Joan
4
Gerbasi, J. Lewis, as well as the Eighth Amendment claims against defendants Conchas, T.
5
Morris or T. Morrison, Sergeant Thomas, and Sergeant Anderson are dismissed for failing to state
6
a claim upon which relief can be granted.
7
8
9
10
DATED: April 11, 2018
/s/ John A. Mendez_________________
UNITED STATES DISTRICT COURT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?