Sekona v. Brandley, et al.

Filing 15

ORDER signed by District Judge Morrison C. England, Jr on 9/1/2018 ADOPTING the 9 Findings and Recommendations in full; defendant Hang is DISMISSED with prejudice from this civil action based on the duplicative nature of the allegations in the com plaint; the due process claim against defendant Bradley for issuing plaintiff a false rules violation report is DISMISSED without leave to amend; and the official capacity claims against defendant Bradley and Santillan are DISMISSED without leave to amend. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ETUATE SEKONA,

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No. 2:17-cv-2484 MCE CKD P

Plaintiff,

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v.

ORDER

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OFFICER BRADLEY, et al.,

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Defendant.

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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 May 23, 2018, 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 days. ECF No. 9. Plaintiff has filed

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objections to the findings and recommendations. ECF No. 11.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 23, 2018, ECF No. 9, are ADOPTED IN

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FULL;
2. Defendant Hang is DISMISSED with prejudice from this civil action based on the
duplicative nature of the allegations in the Complaint;
3. The due process claim against Defendant Bradley for issuing Plaintiff a false rules
violation report is DISMISSED without leave to amend; and,
4. The official capacity claims against Defendants Bradley and Santillan are DISMISSED
without leave to amend.
IT IS SO ORDERED.
Dated: September 1, 2018

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