(PC) Benyamini v. Mendoza et al, No. 2:2009cv02602 - Document 34 (E.D. Cal. 2011)
Court Description: ORDER adopting 30 FINDINGS AND RECOMMENDATIONS IN FULL signed by Senior Judge Lawrence K. Karlton on 2/16/11. (Kaminski, H)
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(PC) Benyamini v. Mendoza 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 ROBERT P. BENYAMINI, 11 Plaintiff, 12 vs. 13 No. CIV S-09-2602 LKK GGH P MENDOZA, et al., 14 Defendants. 15 16 ORDER / 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 November 16, 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 fourteen days. Plaintiff has 22 submitted a filing which the court construes as objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed on November 16, 2010, are adopted 3 4 in full; 2. For the reasons set forth in the order filed on September 28, 2010, the 5 following are dismissed from this action: defendant Hamilton; any claim relating to a deprivation 6 of exercise with respect to defendants Ramirez, Hurtado, Leese, Formasi, Northerner; any claim, 7 including both an Eighth Amendment cruel and unusual punishment claim and/or a First 8 Amendment retaliation claim, regarding the manner or basis for plaintiff’s cell extraction; and 9 any claim of an Eighth Amendment violation for no access to television or radio for a few days. 10 DATED: February 16, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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