(PC) Hightower v. Schwarzenegger, et al, No. 1:2004cv06028 - Document 148 (E.D. Cal. 2010)

Court Description: ORDER Adopting Findings and Recommendations that this Action Proceed Only Against Defendants J. Klarich, K. Nyguen, D. Deering, S. Wu, and A. Santa Cruz and that Defendant Schwarzenegger be Dismissed, signed by Judge Oliver W. Wanger on 11/3/2010. Defendants' Response to Third Amended Complaint Deadline: 12/6/2010. Arnold Schwarzenegger terminated.(Verduzco, M)
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(PC) Hightower v. Schwarzenegger, et al Doc. 148 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 THOMAS HIGHTOWER, 10 Plaintiff, 11 12 CASE NO. 1:04-cv-06028-OWW-SMS PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT THIS ACTION PROCEED ONLY AGAINST DEFENDANTS J. KLARICH, K. NYGUEN, D. DEERING, S. WU, AND A. SANTA CRUZ AND THAT DEFENDANT SCHWARZENEGGER BE DISMISSED v. ARNOLD SCHWARZENEGGER, et al., 13 Defendants. 14 (Docs. 141 & 144) 15 30 DAY DEADLINE FOR DEFENDANTS TO RESPOND TO THIRD AMENDED COMPLAINT 16 / 17 18 Plaintiff Thomas Hightower is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 1, 2010, the Magistrate Judge filed a Findings and Recommendations herein, 22 subsequent to screening the Third Amended Complaint (Doc. 144) which was served on the parties 23 and which contained notice to the parties that any objections to the Findings and Recommendations 24 were to be filed within thirty days. Neither side filed any objection(s). 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 26 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 27 and Recommendations to be supported by the record and by proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 the Findings and Recommendations, filed September 1, 2010 (Doc. 144), is adopted in full; 2. this action is to proceed on Plaintiff’s Third Amended Complaint, filed 5 February 23, 2010 (Doc. 141) against: 6 a. Defendants Dr. Klarich, Dr. Nyguen, Dr. Deering, Dr. Wu, and 7 Capt. A. Santa Cruz for deliberate indifference to Plaintiff’s 8 serious medical needs in violation of the Eighth Amendment; and 9 b. 10 11 Defendant Capt. A. Santa Cruz for retaliating against Plaintiff because Plaintiff engaged in protected First Amendment activities; 3. all of Plaintiff’s claims, other than as found cognizable immediately 12 above, are dismissed for failure to state a claim upon which relief may be 13 granted; 14 4. Defendant Governor Schwarzenegger is dismissed from this action with 15 prejudice based on Plaintiff’s failure to state any claims upon which relief 16 may be granted against him; 17 5. Plaintiff’s request for declaratory relief is dismissed with prejudice; and 18 6. Defendants J. Klarich, K. Nyguen, D. Deering, S. Wu, and A. Santa Cruz are 19 ordered to file a response to the Third Amended Complaint (Doc. 141) within 20 thirty (30) days of the date of service of this order. 21 22 IT IS SO ORDERED. 23 Dated: November 3, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2