(PC) Doe v. Yates et al, No. 1:2008cv01219 - Document 84 (E.D. Cal. 2010)
Court Description: ORDER Amending Order Adopting Findings and Recommendations 73 , signed by District Judge Lawrence J. O'Neill on 3/26/2010. (Verduzco, M)
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(PC) Doe v. Yates et al Doc. 84 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 J. DOE, CASE NO. 1:08-cv-01219-LJO-DLB PC 9 10 Plaintiff, ORDER AMENDING ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 73) 11 YATES, et al., 12 Defendants. 13 / 14 15 Plaintiff J. Doe1 (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action 16 pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s second amended 17 complaint against Defendants J. D. Bennett, S. Gonzales, J. Melendez, Griffin, W. Brumbaugh, 18 H. Martinez, S. Kern, B. Diaz, P. Soares, E. Wolford, D. J. Hatten, N. Green, D. Huckabay, Cate, 19 John Doe 2, and John Doe 3. A review of the record indicates that Plaintiff also stated a 20 cognizable retaliation claim against Defendant lieutenant Smith, who was unintentionally 21 omitted. Accordingly, the Court HEREBY ORDERS that this action also proceed against 22 Defendant lieutenant Smith for retaliation in violation of the First Amendment. 23 IT IS SO ORDERED. 24 Dated: b9ed48 25 March 26, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 26 27 28 1 Fictitious name. 1 Dockets.Justia.com
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