J'Weial v. County of Amador et al

Filing 26

ORDER signed by Senior Judge Morrison C. England, Jr. on 9/3/2020 ADOPTING IN FULL 21 Findings and Recommendations. Defendant Rivera is DISMISSED from this action; and The case shall proceed, without further amendment of the complaint, on (1) a First Amendment Free Exercise of Religion claim against defendants Borgi and Lindsey, and (2) a First Amendment Retaliation claim against defendants Borgi and Lindsey. I. Rivera terminated. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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XAVIER LUMAR J’WEIAL,

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Plaintiff,

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No. 2:17-cv-01937 MCE AC P

v.

ORDER

COUNTY OF AMADOR, et al.,

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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.
On July 20, 2020, the magistrate judge filed findings and recommendations herein which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within twenty-one. ECF No. 21. Plaintiff has not filed

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objections to the findings and recommendations.
The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed July 20, 2020, ECF No. 21, are ADOPTED in

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full;
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2. Defendant Rivera is DISMISSED from this action; and

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3. The case shall proceed, without further amendment of the complaint, on (1) a First

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Amendment Free Exercise of Religion claim against defendants Borgi and Lindsey, and (2) a

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First Amendment Retaliation claim against defendants Borgi and Lindsey.

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IT IS SO ORDERED.

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Dated: September 3, 2020

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