(PC) Hawkins v. Adams et al, No. 1:2009cv00771 - Document 34 (E.D. Cal. 2011)
Court Description: ORDER Adopting Findings and Recommendations 33 , signed by District Judge Lawrence J. O'Neill on 8/5/11. (Verduzco, M)
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(PC) Hawkins v. Adams et al Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEON HAWKINS, 12 13 Case No. 1:09-cv-00771 LJO JLT (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS vs. (Doc. 33) 14 DERRAL G. ADAMS, et al., 15 Defendants. 16 ________________________________/ 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 18 under 42 U.S.C. § 1983. On July 6, 2011, the assigned Magistrate Judge screened Plaintiff’s second 19 amended complaint pursuant to 28 U.S.C. § 1915A(a) and issued findings and recommendations 20 recommending the dismissal of certain claims and defendants from this action. The findings and 21 recommendations contained notice that any objections were to be filed within twenty-one days. As 22 of the date of this order, Plaintiff has not filed any objections. 23 In accordance with 28 U.S.C. § 636(b)(1) and Local Rule 302, the Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and 25 recommendations to be supported by the record and proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The findings and recommendations of the assigned Magistrate Judge filed July 6, 2011, are adopted in full; 1 Dockets.Justia.com 1 2. 2 Plaintiff’s Fourteenth Amendment due process claims against Defendants Castillo, Miles, and Munoz are DISMISSED for failure to state a claim; 3 3. 4 Plaintiff’s First Amendment access to the courts claims against Defendants Jones and Davis are DISMISSED for failure to state a claim; 5 4. 6 Plaintiff’s Fourteenth Amendment equal protection claim against Defendant Adams is DISMISSED for failure to state a claim; 7 5. 8 Plaintiff’s claims pursuant to Article I, Section 7 of the California state constitution are DISMISSED for failure to state a claim; 9 6. Plaintiff’s official capacity claims are DISMISSED for failure to state a claim; and 10 7. This action SHALL proceed on Plaintiff’s (1) Eighth Amendment excessive force 11 claim against Defendant Castillo in his individual capacity; and (2) First Amendment 12 retaliation claim against Defendant Jones in his individual capacity. 13 14 IT IS SO ORDERED. 15 Dated: b9ed48 August 5, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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