(PC) Allen v. CSP- Sacramento

Filing 45

ORDER signed by District Judge Troy L. Nunley on 1/6/2022 ADOPTING 36 The Findings and Recommendations in full; Defendants Lidge and Saliman are DISMISSED for failure to state a claim; and This action shall proceed on the first amended complaint as to the following claims and Defendants: Plaintiff'S claim against Defendant Gemmet related to the pepper spray incident; and Plaintiff'S claims against Defendants Carter, Jones, Cross, Jinkerson, Callahand, DeLeon, Stinson, Sacay, Roher, and Ybarra related to the cell extraction. (Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DEWAYNE ALLEN, 12 Plaintiff, 13 14 No. 2:20-cv-00055-TLN-DMC v. ORDER V. GEMMET, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 17 18 § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District 19 of California local rules. On October 13, 2021, 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. (ECF No. 36.) No objections to the findings and 23 recommendations have been 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. 3 The findings and recommendations filed October 13, 2021, (ECF No. 36) are adopted in full; 4 2. Defendants Lidge and Saliman are dismissed for failure to state a claim; and 5 3. This action shall proceed on the first amended complaint as to the following claims 6 and Defendants: 7 a. Plaintiff’s claim against Defendant Gemmet related to the pepper spray incident; and b. Plaintiff’s claims against Defendants Carter, Jones, Cross, Jinkerson, Callahand, DeLeon, Stinson, Sacay, Roher, and Ybarra related to the cell extraction. 8 9 10 11 DATED: January 6, 2022 12 13 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 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?