(PC) Gradford v. Lignoski, No. 1:2017cv01460 - Document 19 (E.D. Cal. 2018)

Court Description: ORDER Adopting 17 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 11/6/2018. (Sant Agata, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. GRADFORD, 12 No. 1:17-cv-01460-DAD-GSA Plaintiff, 13 v. 14 K. LIGNOSKI, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 17) 15 Defendant. 16 17 Plaintiff William J. Gradford is a prisoner proceeding pro se and in forma pauperis with 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. On August 20, 2018, the assigned magistrate judge issued findings and recommendations, 20 21 recommending that this action proceed only against defendant Lignoski for interference with 22 plaintiff’s mail in violation of the Sixth Amendment, and that all other claims be dismissed from 23 this action based on plaintiff’s failure to state a claim. (Doc. No. 17.) The findings and 24 recommendations were served on plaintiff and contained notice that any objections thereto were 25 to be filed within fourteen days. (Id. at 2.) On August 27, 2018, plaintiff filed a statement of 26 non-opposition to the findings and recommendations. (Doc. No. 18.) 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. 6 7 The findings and recommendations issued on August 20, 2018 (Doc. No. 17) are adopted in full; 2. This action now proceeds against defendant Deputy K. Lignoski for interference with plaintiff’s mail in violation of the Sixth Amendment; 8 9 3. All remaining claims are dismissed from this action; and 10 4. This case is referred back to the magistrate judge for further proceedings, 11 12 13 14 including initiation of service of process. IT IS SO ORDERED. Dated: November 6, 2018 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2