Keel v. Foulk et al

Filing 44

ORDER signed by District Judge Troy L. Nunley on 1/14/2021 ADOPTING 39 Findings and Recommendations in full; All of the claims in Plaintiff's third amended complaint are dismissed without prejudice except for the retaliation claims against Fleming and Pine; and The matter is referred back to the Magistrate Judge for service on Fleming and Pine.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICKEY RAY KEEL,

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No. 2:16-cv-01946-TLN-JDP

Plaintiff,

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v.

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F. FOULK, et al.,

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ORDER

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 September 22, 2020, 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. Plaintiff has filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 22, 2020, are adopted in full;

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2. All of the claims in Plaintiff’s third amended complaint are dismissed without

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prejudice except for the retaliation claims against Fleming and Pine; and
3. The matter is referred back to the magistrate judge for service on Fleming and Pine.
DATED: January 14, 2021

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Troy L. Nunley
United States District Judge

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