-DLB (PC) Minjarez v. Director of the CA Dept of Corrections & Rehabilitation, et al., No. 1:2010cv01560 - Document 19 (E.D. Cal. 2011)

Court Description: ORDER Adopting Findings and Recommendations 14 and Dismissing Certain Claims, signed by District Judge Lawrence J. O'Neill on 12/12/11. (Verduzco, M)
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-DLB (PC) Minjarez v. Director of the CA Dept of Corrections & Rehabilitation, et al. Doc. 19 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 RUDY MINJAREZ, 9 10 11 CASE NO. 1:10-CV-01560-LJO-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS v. DIRECTOR OF CDCR, et al., 12 Defendants. 13 / 14 15 Plaintiff Rudy Minjarez (“Plaintiff”) is a California state prisoner proceeding pro se in this 16 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his second amended complaint on 17 June 7, 2011. Doc. 11. The matter was referred to a United States Magistrate Judge pursuant to 28 18 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On November 1, 2011, the Magistrate Judge filed a Findings and Recommendations which 20 was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and 21 Recommendations was to be filed within thirty days. Doc. 14. Plaintiff did not object to the 22 Findings and Recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 25 Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations, filed November 1, 2011, is adopted in full; 28 2. This action proceeds Defendants Cortez, Swetalla, Gaona, Fidler, and Barajas on the 1 Dockets.Justia.com 1 excessive force claim, and against Defendant John Doe 21 on the conditions of 2 confinement claim; and 3 3. Plaintiff’s claim for supervisory liability against Defendants John Doe 1 and 4 Gonzales, and his claim for conspiracy against Defendants Cortez, Swetalla, Gaona, 5 Fidler, and Barajas are DISMISSED from this action for failure to state a claim. 6 IT IS SO ORDERED. 7 Dated: b9ed48 December 12, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 Plaintiff has now identified Defendant John Doe 2 as correctional lieutenant K. Allen. Doc. 16. 2