(PC) Adams v. Covello et al

Filing 16

ORDER signed by District Judge John A. Mendez on 4/26/2021 ADOPTING in FULL 10 Findings and Recommendations. All claims other than, a claim arising under the Eighth Amendment against defendants Coder and Clays for failure to protect plaintiff from violence, and a claim arising under the First Amendment against defendant Jones for retaliating against plaintiff for protected conduct are DISMISSED.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM ADAMS,

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No. 2:20-cv-1902 JAM CKD P

Plaintiff,
v.

ORDER

PATRICK COVELLO, et al.,
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.

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On March 16, 2021, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. Plaintiff has not filed

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objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 16, 2021 are adopted in full; and

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2. All claims other than 1) a claim arising under the Eighth Amendment against

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defendants Coder and Clays for failure to protect plaintiff from violence; and 2) a claim arising

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under the First Amendment against defendant Jones for retaliating against plaintiff for protected

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conduct are dismissed.

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DATED: April 26, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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