-GSA (PC) Thompson v. The State of California et al, No. 1:2007cv01299 - Document 37 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS; ORDER for this action to proceed only on certain claims against Defendants: TUCKER, GREEN, LEE, HERNANDEZ, RINCON, DEATHRIDGE, HUCKABAY, THOMPSON AND MELENDEZ and DISMISSING all other claims and Defendants: RN MS. DAVIS, MED TECH MR. CHAPMAN AND H. MARTINEZ for failure to state a claim, signed by District Judge Lawrence J. O'Neill on 06/08/2011.(Martin-Gill, S)

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-GSA (PC) Thompson v. The State of California et al Doc. 37 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RAHN G. THOMPSON, 11 12 13 Plaintiff, vs. STATE OF CALIFORNIA, et al., 14 15 16 17 18 Defendants. _____________________________/ 1:07-cv-01299-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 31.) ORDER FOR THIS ACTION TO PROCEED ONLY ON CERTAIN CLAIMS AGAINST DEFENDANTS TUCKER, GREEN, LEE, HERNANDEZ, RINCON, DEATHRIDGE, HUCKABAY, THOMPSON, AND MELENDEZ, AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS FOR FAILURE TO STATE A CLAIM Rahn G. Thompson (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 20 to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 21 On April 19, 2011, Findings and Recommendations were entered, recommending that this 22 action proceed only on certain claims against defendants Tucker, Green, Lee, Hernandez, Rincon, 23 Deathridge, Huckabay, Thompson, and Melendez, and that all other claims and defendants be 24 dismissed for Plaintiff's failure to state a claim. (Doc. 31.) Plaintiff was provided an opportunity to 25 file objections to the Findings and Recommendations within thirty days. To date, Plaintiff has not 26 filed objections to the Findings and Recommendations, and on June 3, 2011, Plaintiff submitted 27 documents to enable service of process to proceed upon the defendants named above. (Doc. 33.) 28 1 Dockets.Justia.com In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, this court 1 2 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 3 finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. 6 The Findings and Recommendations issued by the Magistrate Judge on April 19, 2011, are adopted in full; 7 2. This action now proceeds against defendant Tucker for subjecting Plaintiff to adverse 8 conditions of confinement; against defendants Tucker, Green, Lee, Rincon, Hernandez, Deathridge, 9 and Huckabay for failing to protect Plaintiff; against defendants Tucker, Green, and Huckabay for 10 retaliating against Plaintiff; and against defendants Tucker, Thompson, and Melendez for using 11 excessive force against Plaintiff; 12 13 3. All remaining claims and defendants are dismissed from this action based on Plaintiff's failure to state a claim upon which relief may be granted; and 14 4. Defendants RN Ms. Davis, Med Tech Mr. Chapman, and H. Martinez are dismissed 15 from this action based on Plaintiff's failure to state any claims upon which relief may be granted 16 against them. 17 IT IS SO ORDERED. 18 Dated: b9ed48 June 8, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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