Davis v. Wheeler et al

Filing 28

ORDER signed by District Judge Troy L. Nunley on 2/21/2020 ADOPTING in full 24 Findings and Recommendations and the conclusions in 22 Screening Order; DISMISSING with prejudice Plaintiff's claims against Defendants Scott Kernan and D. Baughman; and DISMISSING with prejudice Plaintiff's First Amendment claims against all named Defendants. Plaintiff's action shall proceed solely on his Eight Amendment claims against Defendants Z. Wheeler and N. Romany. (Huang, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY DAVIS,

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Plaintiff,

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No. 2:16-cv-2917-TLN-DMC

v.

ORDER

Z. WHEELER, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C.

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§ 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District

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of California local rules.
On November 1, 2019, the magistrate judge filed findings and recommendations herein

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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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full;
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3.

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Plaintiff’s claims against Defendants Scott Kernan and D. Baughman are
dismissed with prejudice;

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The conclusions reached in the September 4, 2019, screening order (ECF
No. 22) are adopted in full;

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The findings and recommendations filed November 1, 2019, are adopted in

Plaintiff’s First Amendment claims against all named Defendants are
dismissed with prejudice; and

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Plaintiff’s action shall proceed solely on his Eight Amendment claims
against Defendants Z. Wheeler and N. Romany.

Dated: February 21, 2020

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Troy L. Nunley
United States District Judge

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