(PC) Garcia v. Clark, et al., No. 1:2010cv00447 - Document 18 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS Dismissing Certain Claims and Defendants, signed by Judge Oliver W. Wanger on 11/4/2010. Defendants Quintana, Sheron, Ken Clark and J. Lais are dismissed for failure to state a claim. (Jessen, A)
Download PDF
(PC) Garcia v. Clark, et al. Doc. 18 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 WILLIAM P. GARCIA, 10 1:10-CV-00447-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS 11 v. 12 (DOC. 20) KEN CLARK, et al., 13 Defendants. 14 / 15 16 Plaintiff William P. Garcia (“Plaintiff”) is a California 17 state prisoner proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. 19 first amended complaint. 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 21 Local Rule 302. On May 24, 2010, Plaintiff filed his The matter was referred to a United 22 On September 20, 2010, the Magistrate Judge filed a Findings 23 and Recommendations herein which was served on Plaintiff and which 24 contained notice to Plaintiff that any objection to the Findings 25 and Recommendations was to be filed within thirty days. 26 did not file an Objection to the Findings and Recommendations. 27 28 Plaintiff In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of this case. 1 Having Dockets.Justia.com 1 carefully reviewed the entire file, the Court finds the Findings 2 and Recommendations to be supported by the record and by proper 3 analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. 6 7 The Findings and Recommendations, filed September 20, 2010, is adopted in full; 2. This action proceed against Defendants Palmer, Tolson, 8 Turner, C. Walter, Santos, D. Ibarra, S. Knight, Sanez, 9 F. Diaz, and K. Allison for violation of the First 10 Amendment, the Equal Protection Clause of the Fourteenth 11 Amendment, 12 Institutionalized Persons Act of 2000; and 13 3. and the Religious Land Use and Defendants Quintana, Sheron, Lais, and Ken Clark are 14 dismissed for failure to state a claim upon which relief 15 may be granted. 16 IT IS SO ORDERED. 17 Dated: November 4, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2