(PC) Lewis v. Adams et al, No. 1:2010cv00266 - Document 20 (E.D. Cal. 2011)
Court Description: ORDER Adopting Findings and Recommendations in Full and Dismissing Certian Claims 13 , signed by Judge Oliver W. Wanger on 3/4/11. (Verduzco, M)
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(PC) Lewis v. Adams et al Doc. 20 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 HOMER TYRONE LEWIS, 9 1:10-CV-00266-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND DISMISSING CERTAIN CLAIMS 10 v. 11 (DOC. 13) DERRAL G. ADAMS, et al., 12 Defendants. 13 / 14 15 Plaintiff Homer Tyrone Lewis (“plaintiff”) is a California 16 state prisoner proceeding pro se in this civil rights action 17 pursuant to 42 U.S.C. § 1983. 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. 20 The matter was referred to a United On December 17, 2010, the Magistrate Judge filed a Findings 21 and 22 contained notice to Plaintiff that any objection to the Findings 23 and Recommendations was to be filed within twenty-one days. 24 Plaintiff did not choose to file an Objection to the Findings and 25 Recommendations. 26 Recommendations which was served on Plaintiff and which In accordance with the provisions of 28 U.S.C. § 636(b)(1), 27 this Court has conducted a de novo review of this case. Having 28 carefully reviewed the entire file, the Court finds the Findings 1 Dockets.Justia.com 1 and Recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 The Findings and Recommendations, filed December 17, 2010, is adopted in full; 2. This action proceed against on Plaintiff’s Defendants complaint 8 Davis, Morrison, Tamayo, Johnson, and De Azevedo for 9 deliberate in violation Junious, amended 7 indifference Adams, first of the Lopez, Eighth 10 Amendment and against Defendants Adams, Junious, Lopez, 11 and Davis for retaliation in violation of the First 12 Amendment; 13 3. 14 15 Plaintiff’s other claims are dismissed for failure to state a claim upon which relief may be granted; and 4. Defendant Corbin is dismissed from this action. 16 IT IS SO ORDERED. 17 Dated: March 4, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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