Tunstall v. Bick et al

Filing 124

ORDER signed by Chief District Judge Kimberly J. Mueller on 2/17/2022 ADOPTING 79 Findings and Recommendations in full; APPROVING 77 & 83 Election to Proceed on 57 3rd Amended Complaint against defendants Bick, Elam, Balanon, Doss, Spada, Britton, Spata, Lee, Camper, Perez, Hemenez, Rabbon, and Spaulding; and DISMISSING plaintiff's second, seventh, eighth, ninth, and tenth claims, and all other defendants for failure to state a claim. (Coll, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT WILLIAM TUNSTALL, JR.,

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Plaintiff,

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No. 2:16-CV-2604-KJM-DMC-P

v.

ORDER

JOSEPH BICK, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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Eastern District of California local rules.

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On October 25, 2021, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and the Magistrate Judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed October 25, 2021, are adopted in

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Plaintiff’s election (ECF Nos. 77, 83) to withdraw the fourth amended

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full;

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complaint and proceed on the third amended complaint as provided by the court’s screening order

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is approved;

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3.

This action shall proceed on plaintiff’s third amended complaint, ECF

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No. 57, against defendants Bick, Elam, Balanon, Doss, Spada, Britton, Spata, Lee, Camper,

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Perez, Hemenez, Rabbon, and Spaulding on the following claims:

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a.

Plaintiff’s first claim against defendants Bick and Elam;

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b.

Plaintiff’s third claim against defendant Balanon;

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c.

Plaintiff’s fourth claim against defendants Spaulding, Doss,
Spada, Britton, and Spata;

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Plaintiff’s fifth claim against defendant Lee; and

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Plaintiff’s sixth claim against defendants Camper, Perez,
Hemenez, Rabbon, and Spaulding; and

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4.

Plaintiff’s second, seventh, eighth, ninth, and tenth claims, and all other

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defendants, are dismissed for failure to state a claim.

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DATED: February 17, 2022.

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