(PC) Wolinski v. Junious et al, No. 1:2010cv02139 - Document 62 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING 43 Findings and Recommendations and DISMISSING Certain Claims and Defendants, signed by Chief Judge Anthony W. Ishii on 10/26/2012. (Marrujo, C)
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(PC) Wolinski v. Junious et al Doc. 62 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KRZYSZTOF F. WOLINSKI, 11 12 13 14 15 CASE NO. 1:10-cv-02139-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS v. MAURICE JUNIOUS, et al., ECF No. 43 Defendants. / 16 17 Plaintiff Krzysztof F. Wolinski (“Plaintiff”) is a California state prisoner proceeding pro se 18 in this civil rights action pursuant to 42 U.S.C. § 1983. On December 2, 2011, Plaintiff filed his 19 second amended complaint. ECF No. 44. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On May 10, 2012, the Magistrate Judge filed a Findings and Recommendations which was 22 served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and 23 Recommendations was to be filed within fourteen days. After receiving an extension of time, 24 Plaintiff filed an Objection to the Findings and Recommendations on June 20, 2012. ECF No. 50. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 27 Recommendations to be supported by the record and by proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed May 10, 2012, is adopted in full; 3 2. This action proceeds against Defendants S. Boardman and T. Swaim for excessive 4 force in violation of the Eighth Amendment, and against Defendant W. A. Rivera for 5 violation of the Due Process Clause of the Fourteenth Amendment; and 6 3. Defendants Maurice Junious, Steve Trevino, T. Norton, S. T. Ojeda, S. Stockton, R. 7 Brewster, J. Badilla, I. Quintero, A. May, Sr., E. Flores, and M. Carrillo are 8 dismissed from this action with prejudice for failure to state a claim upon which 9 relief may be granted under 42 U.S.C. § 1983. 10 11 12 IT IS SO ORDERED. Dated: 0m8i78 October 26, 2012 CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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