(PC) Calloway v. Warden Corcoran State Prison et al, No. 1:2005cv01284 - Document 35 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS, signed by Judge Oliver W. Wanger on 3/9/2010. This action proceeds on the December 13, 2007, first amended complaint against Defendants Montgomery, Babb, Spears, Bhatt, Kappa, and Jane Doe for violating Plaintiffs rights under the Eighth Amendment by subjecting Plaintiff to unnecessary and harassing searches. (Sondheim, M)

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(PC) Calloway v. Warden Corcoran State Prison et al Doc. 35 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 JAMISI JERMAINE CALLOWAY, Plaintiff, 1: 05 CV 01284 OWW YNP SMS (PC) vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#34) 9 10 11 WARDEN, CORCORAN STATE PRISON, et al., 12 Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter 16 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 17 Rule 72-302. 18 On January 27, 2010, findings and recommendations were entered, recommending 19 dismissal of certain claims and defendants. Plaintiff was provided an opportunity to file 20 objections within thirty days. Plaintiff has not filed objections to the findings and 21 recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 23 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 24 entire file, the court finds the findings and recommendations to be supported by the record and 25 proper analysis. 26 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on 3 4 January 27, 2010, are adopted in full; and 2. This action proceeds on the December 13, 2007, first amended complaint 5 against Defendants Montgomery, Babb, Spears, Bhatt, Kappa, and Jane Doe for violating 6 Plaintiff’s rights under the Eighth Amendment by subjecting Plaintiff to unnecessary and 7 harassing searches. 8 9 3. Plaintiff’s remaining claims are dismissed, without prejudice, for being improperly joined under the Federal Rules of Civil Procedure. 10 11 12 13 14 15 IT IS SO ORDERED. 16 Dated: March 9, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2

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