(PC) Perez v. Clark et al, No. 1:2008cv00466 - Document 18 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS, and Dismissing Certain Claims and Defendants from Action for Failure to State a Claim 15 16 . ORDER referring Action Back to Magistrate Judge for Service of Process, signed by Judge Oliver W. Wanger on 4/2/09. (Gil-Garcia, A)

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(PC) Perez v. Clark et al Doc. 18 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANIEL R. PEREZ, 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS FROM ACTION FOR FAILURE TO STATE A CLAIM Defendants. 11 12 CASE NO. 1:08-cv-00466-OWW-SMS PC (Docs. 15 and 16) v. KEN CLARK, et al., 13 14 ORDER REFERRING ACTION BAC K TO MAGISTRATE JUDGE FOR SERVICE OF PROCESS 15 / 16 17 Plaintiff Daniel R. Perez is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 20 On February 4, 2009, the Magistrate Judge filed Findings and Recommendations which 21 recommended dismissal of certain claims and defendants from this action. Plaintiff was given thirty 22 days within which to object, but did not object. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 25 and Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Findings and Recommendations, filed February 4, 2009, is adopted in full; /// 1 Dockets.Justia.com 1 2. This action shall proceed on Plaintiff’s amended complaint, filed November 5, 2008, 2 against Defendants Olmos, Perez, Sanchez, Paz, and Munoz for use of excessive 3 physical force, against Defendant Munoz for the unconstitutional conditions of 4 confinement in cell 232, and against Defendants Marquez, Jimenez, Haines, and 5 Talle for denial of medical care; 6 3. 7 8 with prejudice, for failure to state a claim; 4. 9 Defendants Clark, Roberson, Castello, Silva, and Blanks are dismissed based on Plaintiff’s failure to state any claims upon which relief may be granted against them; 10 11 Plaintiff’s claim arising from the conditions of confinement in cell 117 is dismissed, and 5. This matter is referred back to the Magistrate Judge for service of process. 12 13 IT IS SO ORDERED. 14 Dated: April 2, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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