(PC) Hernandez v. Yates et al, No. 1:2010cv01064 - Document 27 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS, Dismissing Certain Claims and Defendants from Action signed by District Judge Lawrence J. O'Neill on 01/21/2014. M. Martinez Terminated from Action. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY HERNANDEZ, 12 Plaintiff, 13 14 v. M. MARTINEZ, et al., 15 Defendants. 16 Case No.: 1:10-cv-01064-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING CERTAIN CLAIMS AND DEFENDANTS FROM ACTION [ECF No. 23] Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. On December 20, 2013, the Magistrate Judge filed a Findings and 21 Recommendations which was served on Plaintiff and contained notice that Objections to the Findings 22 and Recommendations were to be filed within fourteen days. Plaintiff filed an Objection on January 2, 23 2014. Local Rule 304(b), (d). 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed on December 20, 2013, is adopted in full; 3 2. Defendant M. Martinez is DISMISSED from the action for failure to state a cognizable 4 5 6 claim; and 3. Plaintiff’s Due Process and Equal Protection claims are DISMISSED from the action for failure to state a cognizable claim. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill January 21, 2014 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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