(PC) Dixon v. Gonzales et al, No. 1:2009cv00172 - Document 18 (E.D. Cal. 2009)
Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS And Dismissing Certain Claims (Docs. 16 ), signed by Judge Oliver W. Wanger on 12/18/2009. This action will proceed on Plaintiff's first amended complaint, filed June 2, 2009, against Defendants Gonza les, Carrasco, Zanchi, Peterson and Gentry for failure to protect, in violation of the Eighth Amendment. Plaintiff's First and Fourteenth Amendment claims are dismissed for Plaintiff's failure to state a claim. Defendants Hubbard, Arnold, Albritton, and Genova are dismissed from this action for Plaintiff's failure to state any claims upon which relief may a be granted against them. (Scrivner, E)
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(PC) Dixon v. Gonzales et al Doc. 18 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 GEMMEL DIXON, 9 10 11 CASE NO. 1:09-cv-00172-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS v. F. GONZALES, et al., 12 (Docs. 16) Defendants. 13 / 14 15 Plaintiff Gemmel Dixon (“Plaintiff”) is a state prisoner proceeding pro se in this civil 16 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On October 21, 2009, the Magistrate Judge filed a Findings and Recommendations herein 19 which was served on plaintiff and which contained notice to plaintiff that any objection to the 20 Findings and Recommendations was to be filed within thirty days. Plaintiff filed an Objection to 21 the Findings and Recommendations on November 9, 2009. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 23 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 24 Findings and Recommendations to be supported by the record and by proper analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Findings and Recommendations, filed October 21, 2009, is adopted in full; 27 2. This action proceed on Plaintiff’s first amended complaint, filed June 2, 2009, 28 against Defendants Gonzales, Carrasco, Zanchi, Peterson and Gentry for failure to 1 Dockets.Justia.com 1 2 protect, in violation of the Eighth Amendment; 3. 3 4 Plaintiff’s First and Fourteenth Amendment claims are dismissed for Plaintiff’s failure to state a claim; and 4. Defendants Hubbard, Arnold, Albritton, and Genova are dismissed from this 5 action for Plaintiff’s failure to state any claims upon which relief may be granted 6 against them. 7 8 IT IS SO ORDERED. 9 Dated: December 18, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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