(PC) Rogers v. Scribner, No. 1:2005cv00569 - Document 18 (E.D. Cal. 2009)

Court Description: ORDER Re: FINDINGS AND RECOMMENDATIONS 12 ; ORDER DISMISSING Eighth Amendment Claim and Claim Based on the California Penal Code, signed by Chief Judge Anthony W. Ishii on 10/4/09: The Findings and Recommendations are ADOPTED in FULL; Plaintiff's Eighth Amendment claim and claim for violation of the California Penal Code are DISMISSED; and This action is referred to the Magistrate Judge for further proceedings.(Hellings, J)

Download PDF
(PC) Rogers v. Scribner Doc. 18 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 ROBERT ROGERS, ) ) Plaintiff, ) ) v. ) ) A. K. SCRIBNER, et al., ) ) Defendants. ) ) ____________________________________) 1:05 cv 00569 AWI YNP GSA (PC) ORDER RE: FINDINGS & RECOMMENDATIONS ORDER DISMISSING EIGHTH AMENDMENT CLAIM AND CLAIM BASED ON THE CALIFORNIA PENAL CODE Document # 12 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 18 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 19 72-302. 20 On July 28, 2009, findings and recommendations were entered, recommending dismissal 21 of Plaintiff’s Eighth Amendment claim and claim for violation of the California Penal Code. 22 Plaintiff was provided an opportunity to file objections within thirty days. Plaintiff has not filed 23 objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 73-305, 25 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 26 the court finds the findings and recommendations to be supported by the record and proper 27 analysis. 28 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 3 4 2009, are adopted in full; 2. 5 6 The Findings and Recommendations issued by the Magistrate Judge on July 28, Plaintiff’s Eighth Amendment claim and claim for violation of the California Penal Code are DISMISSED; and 3. This action is referred to the Magistrate Judge for further proceedings. 7 8 IT IS SO ORDERED. 9 Dated: 0m8i78 October 4, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.