(PC) Charles Windham v. Rodriguez et al, No. 1:2016cv00979 - Document 13 (E.D. Cal. 2016)

Court Description: ORDER Adopting 11 Findings and Recommendations, Dismissing Certain Claims and Defendants, signed by District Judge Anthony W. Ishii on 12/2/16. Dave Davey (Warden at CSP-Corcoran) Terminated. (Gonzalez, R)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 CHARLES WINDHAM, Plaintiff, 7 8 9 v. C. RODRIGUEZ, et al., Defendants. 10 11 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00979-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING CERTAIN CLAIMS AND DEFENDANTS [ECF No. 11] 12 13 Plaintiff Charles Windham is a state prisoner proceeding pro se and in forma pauperis in this 14 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 15 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On October 17, 2016, the Magistrate Judge issued Findings and Recommendations 17 recommending that Defendant Warden Davey, and Plaintiff’s claims of denial of medical care, free 18 exercise of religion, access to courts, and deprivation of property, be dismissed for failure to state a 19 claim upon which relief could be granted. (ECF No. 11.) This recommendation followed Plaintiff’s 20 October 13, 2016 notice that he is willing to proceed on his claims against Defendant Rodriguez for 21 excessive force in violation of the Eighth Amendment, which the Magistrate Judge had previously 22 found was cognizable. (ECF No. 10.) 23 The Findings and Recommendations were served on Plaintiff and contained notice that 24 objections were to be filed within thirty (30) days. Over thirty days have passed, and no objections 25 were filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. adopted in full; 3 4 2. 3. 9 10 Defendant Warden Davey is dismissed for the failure to state a claim upon which relief could be granted; and 7 8 This action shall proceed on Plaintiff’s claim of excessive force against Defendant C/O Rodriguez; 5 6 The Findings and Recommendations issued October 17, 2016 (ECF No. 11), are 4. Plaintiff’s claims of denial of medical care, free exercise of religion, access to courts, and deprivation of property are also dismissed for failure to state a claim upon which relief could be granted. 11 12 IT IS SO ORDERED. 13 Dated: December 2, 2016 14 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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