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)

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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

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