(PC) Bowell v. Montoya et al, No. 1:2017cv00605 - Document 20 (E.D. Cal. 2018)
Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS; ORDER for this Case to Proceed with Plaintiff's Cognizable Claims Against Defendants Montoya, Carter, Killmer, and Lopez, and Dismissing all other Claims and Defendants for Failure to State a Claim signed by Chief Judge Lawrence J. O'Neill on 10/25/2018. A. Hart and Doser terminated.(Flores, E)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JAMES BOWELL, Plaintiff, 10 11 12 13 vs. F. MONTOYA, et al., Defendants. 14 15 16 1:17-cv-00605-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 18.) ORDER FOR THIS CASE TO PROCEED WITH PLAINTIFF’S COGNIZABLE CLAIMS AGAINST DEFENDANTS MONTOYA, CARTER, KILLMER, AND LOPEZ, AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS FOR FAILURE TO STATE A CLAIM (ECF No. 16.) 17 James Bowell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 3, 2018, the court entered findings and recommendations, recommending that 21 this action proceed against defendants Montoya and Carter for violation of due process under the 22 Fourteenth Amendment, and against defendants Killmer and Lopez for conspiracy to place 23 Plaintiff at risk of serious harm, and for failure to protect Plaintiff under the Eighth Amendment; 24 and that all other claims and defendants be dismissed from this action based on Plaintiff=s failure 25 to state a claim. (ECF No. 18.) On October 15, 2018, Plaintiff filed objections to the findings 26 and recommendations. (ECF No. 19.) 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 including Plaintiff’s objections, the court finds the findings and recommendations to be supported 2 by the record and proper analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. This case now proceeds against defendants Montoya and Carter for violation of 5 due process under the Fourteenth Amendment, and against defendants Killmer 6 and Lopez conspiracy to place Plaintiff at risk of serious harm, and for failure to 7 protect Plaintiff under the Eighth Amendment; 8 2. Plaintiff’s failure to state a claim; 9 10 All other claims and defendants are dismissed from this action, based on 3. Plaintiff’s claims under criminal law statutes, for making false reports, for 11 retaliation, and for violation of equal protection are dismissed from this action, 12 based on Plaintiff’s failure to state a claim; 13 4. 14 15 failure to state any claims against them; 5. The Clerk is directed to reflect the dismissal of defendants Doser and Hart on the court’s docket; and 16 17 Defendants Doser and Hart are dismissed from this action, based on Plaintiff’s 6. 18 This case is referred back to the Magistrate Judge, for further proceedings including initiation of service of process. 19 20 21 22 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 25, 2018 UNITED STATES CHIEF DISTRICT JUDGE 23 24 25 26 27 28 2
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