-GBC (PC) McCullough v. Federal Bureau of Prisons, et al, No. 1:2006cv00563 - Document 91 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 86 FINDINGS AND RECOMMENDATIONS IN FULL, Dismissing Certain Defendants and Claims and Referring Case Back to Magistrate to Initiate Service of Process, signed by Judge Oliver W. Wanger on 12/29/2010. Wackenhut Corrections Corporation, Federal Bureau of Prisons terminated. (Jessen, A)
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-GBC (PC) McCullough v. Federal Bureau of Prisons, et al Doc. 91 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 PERRY ADRON MCCULLOUGH, CASE NO. 1:06-cv-00563-OWW-GBC PC 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSING CERTAIN DEFENDANTS AND CLAIMS AND REFERRING CASE BACK TO MAGISTRATE TO INITIATE SERVICE OF PROCESS 11 v. 12 FEDERAL BUREAU OF PRISONS, et al., 13 Defendants. 14 (Docs. 86, 88) / 15 16 Plaintiff Perry Adron McCullough (“Plaintiff”) is a federal prisoner proceeding pro se and 17 in forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal 18 Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil rights by 19 federal actors. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 20 § 636(b)(1)(B) and Local Rule 302. 21 On December 6, 2010, the Magistrate Judge issued findings and recommendations 22 recommending that certain defendants and claims be dismissed from the action for failure to state 23 a claim. The parties were given thirty days within which to file objections, and on December 20, 24 2010, Plaintiff filed an objection. (Doc. 88). 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. The findings and recommendations, filed December 6, 2010, are adopted in full; 3 2. This action shall proceed on Plaintiff’s second amended complaint, filed March 30, 4 2009, against Defendant Federal Bureau of Prisons for a violation of the Privacy Act 5 and against Defendants Andrews, Bianco, Bucholz, Craig, Cruz, Dougherty, Gardner, 6 Holm, Pendleton, Puentes, Steward, Stiefert, and Toews for retaliation in violation 7 of the First Amendment; 8 3. 9 Cruz, Dougherty, Gardner, Holm, Pendleton, Puentes, Steward, Stiefert, and Toews 10 11 is dismissed, with prejudice, for failure to state a claim; 4. 12 13 Plaintiff’s Privacy Act claim against Defendant Andrews, Bianco, Bucholz, Craig, Plaintiff’s retaliation claim against Federal Bureau of Prisons is dismissed, with prejudice for failure to state a claim; 5. 14 Defendant Wackenhut Corrections Corporation is dismissed from this action, with prejudice, for failure to state a claim; 15 6. Any remaining claims and Defendants are dismissed for failure to state a claim; and 16 7. This matter is referred back to the Magistrate Judge to initiate service of process. 17 18 IT IS SO ORDERED. 19 Dated: December 29, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2