Corona v. Knowles et al, No. 1:2008cv00237 - Document 17 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 10 , and DISMISSING Certain Claims, Signed by District Judge Lawrence J. O'Neill on 02/09/2009. (Arellano, S.)

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Corona v. Knowles et al Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 OSCAR CRUZ, CASE NO. 1:08-cv-00237-LJO-DLB (PC) 11 Plaintiff, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN CLAIMS v. 13 KNOWLES, et al., 14 (Doc. 10) Defendants. 15 / 16 17 Plaintiff Oscar Cruz (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 20 On December 16, 2008, the Magistrate Judge filed a Findings and Recommendations herein 21 which was served on plaintiff and which contained notice to plaintiff that any objection to the 22 Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely 23 Objection to the Findings and Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 26 and Recommendations to be supported by the record and by proper analysis. 27 /// 28 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations, filed December 16, 2008, is adopted in full; 4 2. Plaintiff’s due process claim is dismissed, without leave to amend, for failure to state 5 a claim upon which relief may be granted; and 6 3. This action shall proceed on Plaintiff’s complaint, filed February 19, 2008, against 7 defendants Knowles, Chrones, and Fraunheim on Plaintiff’s Equal Protection and 8 Eighth Amendment claims. 9 10 IT IS SO ORDERED. Dated: b9ed48 February 9, 2009 /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

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