(PC) Holt v. Nicholas et al, No. 1:2009cv00800 - Document 28 (E.D. Cal. 2010)

Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS And Dismissing Certain Claims And Defendants (Doc. 23 ), signed by Chief Judge Anthony W. Ishii on 9/2/2010. Defendants Crouch, Hopkins, Eubanks, Nipper, Stevenson, and Lundy are DISMISSED from this action without prejudice.(Scrivner, E)
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(PC) Holt v. Nicholas et al Doc. 28 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 VIRGIL E. HOLT, 9 10 11 CASE NO. 1:09-CV-00800-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS v. R. NICHOLAS, et al., 12 (DOC. 23) Defendants. 13 / 14 15 Plaintiff Virgil E. Holt (“plaintiff”) is a California state prisoner proceeding pro se in this 16 civil 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 July 23, 2010, the Magistrate Judge filed a Findings and Recommendations herein which 19 was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and 20 Recommendations was to be filed within thirty days. Plaintiff did not file a timely Objection to the 21 Findings and Recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 23 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 24 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 July 23, 2010, is adopted in full; 27 2. Plaintiff’s claims in Counts 13 through 16 of Plaintiff’s second amended complaint 28 are DISMISSED from this action without prejudice; 1 Dockets.Justia.com 1 3. 2 3 Defendants Crouch, Hopkins, Eubanks, Nipper, Stevenson, and Lundy are DISMISSED from this action without prejudice; and 4. This action proceed on Plaintiff’s second amended complaint, filed April 8, 2010 4 against (a) Defendants R. Nicholas, A. Holguin, J. Ortega, L. Machado, J. Juden, G. 5 Adame, F. Rivera, R. Valverde, D. Coontz, M. Bubbel, K. Prior, J. Tyree, Large, 6 Soto, Yubeta, Worrell, Vo, Knight, T. Crouch, Pinkerton, Valasco, and Does 1 7 through 5 and 7 through 10 for violation of the Eighth Amendment, (b) against 8 Defendant Holguin for retaliation in violation of the First Amendment, and (c) 9 Defendants Carrasco and D. Zanchi for supervisory liability. 10 11 12 13 IT IS SO ORDERED. Dated: 0m8i78 September 2, 2010 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2