(PC) Gibson v. Wong et al, No. 2:2009cv02388 - Document 27 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 7/12/2010 ORDERING that the 26 findings and recommendations filed June 11, 2010, are adopted in full. Defendants' 17 February 8, 2010 motion for partial dismissal of plaintiff's claims is GRANTED. This action shall proceed against defendants Wong, Fox, and Peck on plaintiff's Eighth Amendment claim that his administrative segregation cell was ventilated with "ice cold air."(Duong, D)

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(PC) Gibson v. Wong et al Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEAREL GIBSON, 11 Plaintiff, 12 vs. 13 No. CIV S-09-2388 GEB DAD P R.K. Wong, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On June 11, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within twenty-one days. Plaintiff has not 22 filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed June 11, 2010, are adopted in full; 2 2. Defendants’ February 8, 2010 motion for partial dismissal of plaintiff’s claims 3 is granted; and 4 3. This action shall proceed against defendants Wong, Fox, and Peck on 5 plaintiff’s Eighth Amendment claim that his administrative segregation cell was ventilated with 6 “ice cold air.” 7 Dated: July 12, 2010 8 9 10 GARLAND E. BURRELL, JR. United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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