(PC) Valdez v. Beard et al, No. 1:2014cv01839 - Document 107 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS to Dismiss Non-Cognizable Claims 96 ; CASE TO REMAIN OPEN, signed by District Judge Anthony W. Ishii on 6/25/2018. (Hellings, J)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS NONCOGNIZABLE CLAIMS Plaintiff, 12 13 1:14-cv-01839-AWI-MJS (PC) RUBEN VALDEZ, v. (ECF NO. 96) JEFFREY BEARD, et al., CASE TO REMAIN OPEN Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. 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 February 23, 2018, the magistrate judge issued findings and recommendations to dismiss non-cognizable claims. (ECF No. 96.) Plaintiff has filed objections. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 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. Accordingly, it is HEREBY ORDERED that: 1 1 2 1. The Court adopts the findings and recommendations filed on February 23, 2018 (ECF No. 96) in full; and 3 2. This action proceeds only on Plaintiff’s due process claims for damages 4 against the following defendants in their individual capacities: Beard, 5 Castorena, Galaviz, Jennings, Pina, Holland, Prince, Chavez, Vasquez, 6 Edgar, Garcia, Mayfield, Patterson, Davey, Oliveira, Perez, Campbell, Wilson 7 and Lester. All other claims and defendants are dismissed with prejudice. 8 IT IS SO ORDERED. 9 10 Dated: June 25, 2018 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2