Allen Lynn Jeffries v. A. H. Martinez et al, No. 2:2016cv07673 - Document 29 (C.D. Cal. 2019)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Christina A. Snyder for Report and Recommendation (Issued) 25 . Plaintiff's Fourth Amended Complaint will PROCEED against Defendant Varela with respect to Plaintiff's Fourteenth Amendment due process claim for denying Plaintiff's request for witnesses at his disciplinary hearing. (See document for details.) (sbou)
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Allen Lynn Jeffries v. A. H. Martinez et al Doc. 29 1 2 3/4/2019 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ALLEN LYNN JEFFRIES, 12 Plaintiff, 13 14 15 16 v. A.H. MARTINEZ, et al., Case No. 2:16-cv-07673-CAS (MAA) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Defendants. 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Fourth Amended 19 Complaint, the other records on file herein, the Report and Recommendation of the 20 United States Magistrate Judge, and Plaintiff’s Objections. After conducting a de 21 novo review of the portions of the Report and Recommendation to which 22 Objections were directed, the Court concurs with and accepts the findings and 23 conclusions of the Magistrate Judge. 24 25 26 27 28 IT THEREFORE IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge is ACCEPTED and ADOPTED; 2. Plaintiff’s Fourth Amended Complaint is DISMISSED WITH PREJUDICE and WITHOUT LEAVE TO AMEND with respect to: Dockets.Justia.com 1 a. all of Plaintiff’s claims against Defendants (i) Correctional 2 Officer N. Murray, (ii) Supervising Cook M. Douglass, 3 (iii) Correctional Officer K. Harris, (iv) Correctional Officer G. 4 Davis, (v) Lieutenant A. Lugo, (vi) Lieutenant J. Sebok, and 5 (viii) Warden Debbie Asuncion; 6 7 8 9 10 11 b. Plaintiff’s Eighth Amendment claim against Defendant Varela; and c. Plaintiff’s Fourteenth Amendment claim against Defendant Varela alleging insufficient evidence supporting the disciplinary decision. 3. Plaintiff’s Fourth Amended Complaint will PROCEED against 12 Defendant Varela with respect to Plaintiff’s Fourteenth Amendment 13 due process claim for denying Plaintiff’s request for witnesses at his 14 disciplinary hearing. 15 16 17 18 March 4, 2019 DATED: ______________ CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2
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