(PC) Harper v. California Department of Corrections and Rehabilitation et al, No. 1:2014cv00115 - Document 18 (E.D. Cal. 2014)

Court Description: ORDER Adopting Findings and Recommendations 11 , Dismissing Certain Claims and Defendants, signed by District Judge Anthony W. Ishii on 7/2/14. Defendants California Department of Corrections and Rehabilitation, A.B. Boucher, M. Jones, G.W. Ward, and Lozano are dismissed from the action. (Verduzco, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JASON S. HARPER, Plaintiff, 11 12 13 14 Case No. 1:14-cv-00115-AWI-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING CERTAIN CLAIMS AND DEFENDANTS v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., ECF NO. 11 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 Plaintiff Jason S. Harper, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 27, 2014. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 2, 2014, the Magistrate Judge issued a findings and recommendations recommending certain claims and Defendants be dismissed from this action. (ECF No. 11.) The fourteen day deadline to file an objection has passed without a response from Plaintiff. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis. 28 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed June 2, 2014, are adopted in full; 3 2. Plaintiff shall proceed on his Eighth Amendment claim against Defendants Huffman and Curry and First Amendment claim against Defendant Rivero; 4 5 3. Plaintiff’s remaining claims are dismissed; and 6 4. Defendants California Department of Corrections and Rehabilitation, A.B. 7 Boucher, M. Jones, G.W. Ward, and Lozano are dismissed from the action. 8 9 IT IS SO ORDERED. 10 Dated: July 2, 2014 SENIOR 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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