-MJS (PC) Gonzales et al v. Cate et al, No. 1:2006cv01420 - Document 57 (E.D. Cal. 2011)

Court Description: ORDER Adopting 56 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by Chief Judge Anthony W. Ishii on 05/17/2011. (Flores, E)
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-MJS (PC) Gonzales et al v. Cate et al Doc. 57 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 FRANK GONZALES, 10 Plaintiff, 11 12 CASE NO. 1:06-cv-1420-AWI-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS v. MATTHEW CATE, et al., 13 (ECF No. 56) Defendants. / 14 15 Plaintiff Frank Gonzales, a state prisoner proceeding pro se and in forma pauperis, has filed 16 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On April 5, 2011, the Magistrate Judge filed a Findings and Recommendation herein which 19 was served on Plaintiff and contained notice to Plaintiff that any objection to the Findings and 20 Recommendation was to be filed within thirty days. More than thirty days have passed and Plaintiff 21 has not filed an Objection. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this Court 23 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 24 finds the Findings and Recommendations to be supported by the record and by proper analysis. 25 /// 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed April 5, 2011, is adopted in full; 3 2. This action shall proceed on Plaintiff’s Third Amended Complaint, filed December 4 24, 2009, against Defendants Lantz, Garrison, Nichols, Deathriage, and Govea for 5 violation of the First and Eighth Amendments, and against Defendants Garza, 6 Franco, Mayes, Cate, Fernando, Marrujo, and Fuentes for violating the First 7 Amendment; 8 3. 9 All other claims in Plaintiff’s Third Amended Complaint are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief could be granted; 10 4. All other Defendants are DISMISSED as party-Defendants; and 11 5. Service shall be ordered on Defendants Lantz, Garrison, Nichols, Deathriage, Govea, 12 Garza, Franco, Mayes, Cate, Fernando, Marrujo, and Fuentes. 13 14 IT IS SO ORDERED. 15 16 Dated: 0m8i78 May 17, 2011 CHIEF UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2