(PC) Harper v. California Prison Industry Authority et al, No. 1:2017cv01717 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS; All claims and defendants are dismissed, except for Plaintiffs claims against defendant Blazo for failure to protect in violation of the Eighth Amendment and for deliberate indifference to serious medical needs in violation of the Eighth Amendment, signed by Chief Judge Lawrence J. O'Neill on 7/11/18. California Prison Industry Authority and Andy Ponce DeLeon (Supervisor at CSP-Corcoran) terminated (Martin-Gill, S)
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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JASON HARPER, 9 Plaintiff, 10 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. 11 Case No. 1:17-cv-01717-LJO-EPG (PC) JEFF BLAZO, (ECF NOS. 11 & 13) 12 Defendant. 13 14 Jason Harper (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 15 this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United 16 States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 17 On June 14, 2018, Magistrate Judge Erica P. Grosjean entered findings and 18 recommendations, recommending “that all claims and defendants be dismissed, except for 19 Plaintiff’s claims against defendant Blazo for failure to protect in violation of the Eighth 20 Amendment and for deliberate indifference to serious medical needs in violation of the Eighth 21 Amendment.” (ECF No. 13, p. 2). 22 Plaintiff was provided an opportunity to file objections to the findings and 23 recommendations. The deadline for filing objections has passed, and Plaintiff has not filed 24 objections to the findings and recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 27 the Court finds the findings and recommendations to be supported by the record and proper 28 analysis. 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The findings and recommendations issued by the magistrate judge on June 14, 3 2018, are ADOPTED in full; 4 2. All claims and defendants are dismissed, except for Plaintiff’s claims against 5 defendant Blazo for failure to protect in violation of the Eighth Amendment and 6 for deliberate indifference to serious medical needs in violation of the Eighth 7 Amendment; and 8 3. The Clerk of Court is DIRECTED to reflect the dismissal of defendants 9 California Prison Industry Authority and Andy Ponce DeLeon on the Court’s 10 docket. 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ July 11, 2018 UNITED STATES CHIEF DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2