(PC) Williams v. Lopez et al, No. 1:2010cv00952 - Document 18 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING IN FULL 14 FINDINGS AND RECOMMENDATIONS; Defendants: Maurice Junious, F. Martinez, Jr., Taylor Swaim, Laura Williams, George Becerra and Sergio Castrejon DISMISSED, signed by District Judge Lawrence J. O'Neill on 10/26/2010. (Marrujo, C)
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(PC) Williams v. Lopez et al Doc. 18 1 2 3 4 5 6 U N IT ED ST A T ES D IST RICT COU RT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LONNIE WILLIAMS, 10 CASE NO. 1:10-CV-00952-LJO-DLB PC Plaintiff, 11 v. 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS J. LOPEZ, et al., 13 (DOC. 14) Defendants. 14 / 15 16 Plaintiff Lonnie Williams (“plaintiff”) is a California state prisoner proceeding pro se in this 17 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint initiating this action 18 on May 27, 2010. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. 20 On September 13, 2010, the Magistrate Judge filed a Findings and Recommendations herein 21 which was served on Plaintiff and which contained notice to Plaintiff that any objection to the 22 Findings and Recommendations was to be filed within thirty days. Plaintiff did not file an Objection 23 to the Findings and Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The Findings and Recommendations, filed September 13, 2010, is adopted in full; 1 Dockets.Justia.com 1 2. 2 This action proceed against Defendant J. Lopez for excessive force in violation of the Eighth Amendment; 3 3. 4 Plaintiff’s claims for violation of the First Amendment against Defendants Brewer and DaViega are dismissed without prejudice; 5 4. 6 Plaintiff’s other claims are dismissed with prejudice from this action for failure to state a claim upon which relief may be granted; and 7 5. Defendants Taylor Swaim, F. Martinez, Jr., Sergio Castrejon, George Becerra, 8 Maurice Junious, Laura M. Williams, P. Horn, Dunlop, Longacre, Cunningham, 9 Tindle, Kyle, Vetterick, and D. Harban are dismissed. 10 11 IT IS SO ORDERED. 12 Dated: 66h44d October 26, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2