(PC) Silveira v. Fisher et al, No. 1:2017cv00989 - Document 10 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 1 , 9 , signed by Chief Judge Lawrence J. O'Neill on 5/15/2018: This case is referred back to the magistrate judge for further proceedings. (Hellings, J)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 JOSIAH SILVEIRA, 8 9 10 Plaintiff, Case No. 1:17-cv-00989-LJO-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (ECF NOS. 1 & 9) R. FISHER JR., et al., 11 Defendants. 12 13 Josiah Silveira (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 14 in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a 15 United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On March 30, 2018, Magistrate Judge Erica P. Grosjean entered findings and 17 recommendations, recommending that this case proceed against defendants D. Starkweather 18 and J. Quintero on Plaintiff’s claim for retaliation in violation of the First Amendment, and that 19 all other claims and defendants be dismissed with prejudice. (ECF No. 9). 20 Plaintiff was provided an opportunity to file objections to the findings and 21 recommendations. The deadline for filing objections has passed, and Plaintiff has not filed 22 objections or otherwise responded to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 24 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 25 the Court finds the findings and recommendations to be supported by the record and proper 26 analysis. 27 Accordingly, THE COURT HEREBY ORDERS that: 28 1 1 1. 2 3 The findings and recommendations issued by the magistrate judge on March 30, 2018, are ADOPTED in full; 2. This case proceed against defendants D. Starkweather and J. Quintero on Plaintiff’s claim for retaliation in violation of the First Amendment; 4 5 3. All other claims and defendants are DISMISSED with prejudice; 6 4. The Clerk of Court is DIRECTED to reflect the dismissal of defendants R. 7 8 Fisher, Jr., and S. Torres on the Court’s docket; and 5. This case is referred back to the magistrate judge for further proceedings. 9 10 11 12 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 15, 2018 UNITED STATES CHIEF DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.