(PC) Strong v. Hubbard et al, No. 1:2008cv00087 - Document 20 (E.D. Cal. 2010)

Court Description: ORDER Adopting Findings and Recommendations 19 Recommending Dismissal of Certain Claims and Referring Matter Back to Magistrate Judge to Initiate Service of Process, signed by District Judge Lawrence J. O'Neill on 12/29/2010. (Verduzco, M)
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(PC) Strong v. Hubbard et al Doc. 20 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GEORGE BERRY STRONG, 10 11 12 CASE NO. 1:08-cv-00087-LJO-GBC PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND REFERRING MATTER BACK TO MAGISTRATE JUDGE TO INITIATE SERVICE OF PROCESS v. SUSAN HUBBARD, et al., 13 Defendants. (Doc. 19) 14 THIRTY-DAY DEADLINE 15 / 16 17 Plaintiff George Berry Strong (“Plaintiff”) is a former state prisoner proceeding pro se and 18 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action 19 on January 17, 2008. (Doc. 1.) A first amended complaint was filed on August 12, 2009. (Doc. 15.) 20 On November 9, 2010, the Magistrate Judge screened Plaintiff’s complaint, and found that it states 21 a claim against Defendants Hubbard and Clark for deliberate indifference in violation of the Eighth 22 Amendment, but does not state any other claims for relief under section 1983. 28 U.S.C. § 1915A. 23 Plaintiff was given thirty days to file an objection to the findings and recommendations and no 24 objection has been filed. (Doc. 19.) 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. This action will proceed on Plaintiff’s first amended complaint, filed August 12, 27 2009, against Defendants Hubbard and Clark for deliberate indifference in violation 28 1 Dockets.Justia.com 1 of the Eighth Amendment; 2 2. 3 Plaintiff’s equal protection claim is dismissed, with prejudice, for failure to state a claim under section 1983; and 4 3. 5 This matter is referred back to the Magistrate Judge to initiate service of process proceedings. 6 7 IT IS SO ORDERED. 8 Dated: 66h44d December 29, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2