(PC) Rosenblum v. Ellis, et al, No. 1:2005cv01473 - Document 66 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 65 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DISMISSING Certain Claims; and ORDER DISMISSING Defendants Vasquez and Robles, signed by District Judge Lawrence J. O'Neill on 10/28/2010. (Jessen, A)
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(PC) Rosenblum v. Ellis, et al Doc. 66 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 PHILLIP JON ROSEMBLUM, ) ) Plaintiff, ) ) v. ) ) C/O ELLIS, et al., ) ) Defendants. ) ____________________________________) NO. 1:05 cv 01473 LJO GSA PC ORDER RE: FINDINGS & RECOMMENDATIONS Document # 65 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 19 302. 20 On September 16, 2010, findings and recommendations were entered, recommending 21 dismissal of certain claims and defendants. Plaintiff was provided an opportunity to file 22 objections within thirty days. Plaintiff has not filed objections to the findings and 23 recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and proper analysis. 27 Accordingly, THE COURT HEREBY ORDERS that: 28 1. The Findings and Recommendations issued by the Magistrate Judge on September 16, Dockets.Justia.com 1 2010, are adopted in full; and 2 2. This action proceeds as one for money damages on Plaintiff’s first amended 3 complaint, filed July 20, 2010, against Defendant Ellis for failure to protect Plaintiff in violation 4 of the Eighth Amendment. 5 3. Plaintiff’s supervisory liability claims are dismissed. 6 4. Defendants Vasquez and Robles are dismissed. 7 8 9 10 IT IS SO ORDERED. Dated: 66h44d October 28, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2