McGhee v. Kushner et al

Filing 18

ORDER signed by District Judge John A. Mendez on 8/8/2019 ADOPTING 14 findings and recommendations in full. Plaintiff's Eighth Amendment claims is DISMISSED. This action proceeds on plaintiff's Fourteenth Amendment equal protection claim only. (Zignago, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH McGHEE, 12 Plaintiff, 13 14 No. 2:17-CV-2059-JAM-DMC-P v. ORDER WILLIAM KUSHNER, III, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On June 20, 2019, the Magistrate Judge filed findings and recommendations herein 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 filed. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 20, 2019, are adopted in full; 3 2. Plaintiff’s Eighth Amendment claims is dismissed; and 4 3. This action proceeds on plaintiff’s Fourteenth Amendment equal protection 5 claim only. 6 7 8 9 DATED: August 8, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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