(PC) Fairfield v. Patrick et al, No. 1:2007cv01412 - Document 19 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS IN FULL, signed by District Judge Lawrence J. O'Neill on 02/22/2011. (Martin, S)
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(PC) Fairfield v. Patrick et al Doc. 19 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MELISSA FAIRFIELD, 10 11 CASE NO. 1:07-cv-01412-LJO-SKO PC Plaintiff, ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. (Doc. 18) 12 DEBORAH PATRICK, et al., 13 Defendants. / 14 15 Plaintiff Melissa Fairfield (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On November 2, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that certain claims be dismissed from Plaintiff’s second amended complaint. (Doc. 20 #18.) The Findings and Recommendations were served on Plaintiff and contained notice to Plaintiff 21 that any objections to the Findings and Recommendations were to be filed within thirty (30) days 22 of the date on which the Findings and Recommendations were served. Plaintiff has not filed 23 objections to the Findings and Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the Findings and Recommendations to be supported by the record and by proper 27 analysis. 28 Accordingly, the Court HEREBY ORDERS that: 1 Dockets.Justia.com 1 1. The November 2, 2010 Findings and Recommendations are ADOPTED in full; 2 2. This action shall proceed on Plaintiff’s second amended complaint, filed on March 3 15, 2010, against Defendants Chenault and Clayton for retaliation against Plaintiff’s 4 exercise of her First Amendment Rights; and 5 3. 6 All other claims raised in Plaintiff’s second amended complaint are dismissed for failure to state a claim. 7 IT IS SO ORDERED. 8 Dated: b9ed48 February 22, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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