(PC) Jefferson v. Calfornia Department of Corrections, et al, No. 1:2014cv00869 - Document 13 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS; ORDER REFERRING ACTION TO Magistrate Judge for Service of Process, signed by District Judge Anthony W. Ishii on 09/30/15. J. Kohler (Correctional Sergeant, Kern Valley State Prison), G. Sandoval (Correctional Officer, Kern Valley State Prison), Calfornia Department of Corrections and R. Gonzalez-Moran (Correctional Officer, Kern Valley State Prison) terminated. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR JEFFERSON, Plaintiff, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No.11) v. 13 14 Case No. 1:14-cv-00869 AWI-SAB-PC CDCR, et al., 15 ORDER REFERRING ACTION TO MAGISTRATE JUDGE FOR SERVICE OF PROCESS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C. 18 § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(1)(B) and Local Rule 302. 20 On August 4, 2015, findings and recommendations were entered, recommending that this 21 action proceed against Defendant Knuckles on Plaintiff’s Eighth Amendment failure to protect 22 claim. The Magistrate Judge recommended that all remaining claims and defendants be 23 dismissed from this. Plaintiff was provided an opportunity to file objections within thirty days. 24 To date, Plaintiff has not filed objections or otherwise responded to the findings and 25 recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 Court finds the record to be supported by the record and proper analysis. 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 2015, are adopted in full; 3 4 2. 3. 4. which relief may be granted against them; and 10 12 Defendants CDCR, Sgt. J. Kohler, C/O Gonzalez-Moran and C/O G. Sandoval are dismissed from this action based on Plaintiff’s failure to state any claims upon 9 11 Plaintiff’s claim for failure to summon medical assistance is dismissed for failure to state a claim upon which may be granted under §1983; 7 8 This action proceeds against Defendant Sergeant Knuckles on Plaintiff’s Eighth Amendment failure to protect claim; 5 6 The findings and recommendations issued by the Magistrate Judge on August 4, 5. This action is referred to the Magistrate Judge for service of process upon Defendant Knuckles. 13 14 IT IS SO ORDERED. 15 Dated: September 30, 2015 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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