(PC) Vergara v. Datray et al, No. 1:2008cv00609 - Document 14 (E.D. Cal. 2009)

Court Description: ORDER AFFIRMING 9 FINDINGS and RECOMMENDATIONS and Dismissing Certain Defendants signed by District Judge Lawrence J. O'Neill on 4/14/2009. (Figueroa, O)

Download PDF
(PC) Vergara v. Datray et al Doc. 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LUIS GORDIANO VERGARA, 10 Plaintiff, 11 12 CASE NO. 1:08-cv-00609-LJO-DLB PC ORDER AFFIRMING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN DEFENDANTS v. D. DATRAY, et al., 13 (Doc. 9) Defendants. / 14 15 Plaintiff Luis Gordiano Vergara (“Plaintiff”) is a federal prisoner proceeding pro se and 16 in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of 17 Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil 18 rights by federal actors. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 20 On February 18, 2009, the Magistrate Judge filed a Findings and Recommendations 21 herein which was served on Plaintiff and which contained notice to Plaintiff that any objection to 22 the Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a 23 timely 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 26 Findings and Recommendations to be supported by the record and by proper analysis. 27 // 28 // 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed February 18,2009, is adopted in full; 3 2. This action proceed only against defendants Datray, Cobbs, Cole, and Orosco on 4 Plaintiff’s Eighth Amendment claims; and 5 3. 6 Defendants Silva and Shank are dismissed from this action for Plaintiff’s failure to state any claims upon which relief may be granted. 7 8 IT IS SO ORDERED. 9 Dated: b9ed48 April 14, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.