(PC)Avalos v. Carpenter et al, No. 1:2015cv00369 - Document 30 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS; Granting Defendants' 12 Motion to Dismiss signed by Chief Judge Lawrence J. O'Neill on 08/04/2016. S. Smith, and N. Tyler terminated from action. (Flores, E)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Case No. 1:15-cv-00369-LJO-JLT (PC) ANGEL AVALOS, 10 Plaintiff, 11 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTION TO DISMISS v. (Docs. 12, 25) CARPENTER, et al., 13 Defendants. 14 15 16 Plaintiff, Angel Avalos, is a state prisoner proceeding pro se and in forma pauperis with a 17 18 19 20 21 22 civil rights action pursuant to 42 U.S.C. § 1983 which he filed on March 9, 2015. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. On June 23, 2016, the Magistrate Judge filed a Findings and Recommendations to grant the motion dismiss filed by Defendants Smith and Tyler. The Findings and Recommendations was served on the parties that same day and contained notice that objections to the Findings and 23 Recommendations were to be filed within twenty-one days. No objections were filed; rather 24 Plaintiff filed a document indicating his agreement to dismissal of Defendants Smith and Tyler 25 and that this action proceed against the sole remaining Defendant, Carpenter. (Doc. 29.) 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 27 28 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 1 1 2 Findings and Recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations, filed June 23, 2016 (Doc. 25), are adopted 4 in full; 2. Defendant’s Motion to Dismiss, filed on November 3, 2015 (Doc. 12), is 5 6 GRANTED; 7 3. Defendants N. Tyler and S. Smith and all claims against them are DISMISSED 8 with prejudice; and 9 4. The action is referred to the Magistrate Judge for further proceedings, on 10 Plaintiff’s claims against the sole remaining Defendant, Carpenter, consistent 11 with this order. 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ August 4, 2016 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.