Hardney v. Griffith et al
Filing
18
ORDER signed by District Judge Morrison C. England, Jr on 2/20/2019 ADOPTING in FULL 10 Findings and Recommendations and ORDERING that plaintiff's due process claims against defendants CSP-SAC Lt. R. Cross, MCSP Warden J. Lizarrago, and CDCR S ecretary S. Kernan, are DISMISSED without leave to amend; Plaintiff's RICO claims and state law claim for intentional interference with prospective economic advantage are DISMISSED without leave to amend; Defendants Cross, Lizarrago and Kernan are DISMISSED from this action. This action shall proceed on Plaintiffs remaining claims. (Washington, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JOHN HARDNEY,
12
13
14
No. 2:17-cv-2462 MCE AC P
Plaintiff,
v.
ORDER
T. GRIFFITH, et al.,
15
Defendants.
16
17
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
18
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
19
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20
On October 24, 2018, the magistrate judge filed findings and recommendations herein
21
which were served on plaintiff and which contained notice to plaintiff that any objections to the
22
findings and recommendations were to be filed within fourteen days. ECF No. 10. Plaintiff has
23
not filed objections to the findings and recommendations.
24
The Court has reviewed the file and finds the findings and recommendations to be
25
supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
26
ORDERED that:
27
28
1. The findings and recommendations filed October 24, 2018, (ECF No. 10) are
ADOPTED in full;
1
1
2
2. Plaintiff’s due process claims against defendants CSP-SAC Lt. R. Cross, MCSP
Warden J. Lizarrago, and CDCR Secretary S. Kernan, are DISMISSED without leave to amend;
3
4
3. Plaintiff’s RICO claims and state claim for intentional interference with prospective
economic advantage are DISMISSED without leave to amend; and
5
4. Defendants Cross, Lizarrago and Kernan are DISMISSED from this action.1
6
5. This action shall proceed on Plaintiff’s remaining claims.
7
IT IS SO ORDERED.
8
Dated: February 20, 2019
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
As plaintiff was previously informed, his election to proceed on the original complaint is
construed as plaintiff’s agreement to the voluntary dismissal, without prejudice, of defendant
Cross from this action. See ECF No. 10 at 15 ¶ 5. Defendants Lizarrago and Kernan are
dismissed from this action with prejudice.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?