(PC) Moore v. Torres et al, No. 1:2018cv00601 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Certain Claims and Defendants signed by Chief Judge Lawrence J. O'Neill on 12/4/2018. (Jessen, A)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 XZAVR MOORE also known as AMBER MOORE, Plaintiff, 12 13 14 15 v. Case No. 1:18-cv-00601-LJO-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF Nos. 12, 15) S. TORRES, et al., Defendants. 16 17 Xzavr Moore also known as Amber Moore (“Plaintiff”) is a state prisoner proceeding 18 pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On 19 September 12, 2018, Plaintiff filed a First Amended Complaint against S. Torres, M. Quandt, 20 and C. Grieco (collectively, “Defendants”), correctional officers at Central California Women’s 21 Facility. (ECF No. 12). The matter was referred to a United States Magistrate Judge pursuant to 22 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On November 8, 2018, Magistrate Judge Erica P. Grosjean entered findings and 24 recommendations recommending that all claims and defendants in the action be dismissed, 25 except Plaintiff’s claim against C. Grieco for retaliation in violation of the First Amendment. 26 (ECF No. 15). 27 28 Plaintiff was provided an opportunity to file objections to the findings and recommendations. Id. Plaintiff filed objections on December 3, 2018. (ECF No. 16). 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, 3 the Court finds the findings and recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations issued on November 8, 2018, (ECF No. 15), are 7 8 ADOPTED in full; 2. This action shall proceed against C. Grieco on Plaintiff’s claim of retaliation in 9 10 violation of the First Amendment; 3. All other claims and defendants, including S. Torres and M. Quandt, are dismissed; 11 12 and 4. This action is referred to the Magistrate Judge for further proceedings. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 4, 2018 UNITED STATES CHIEF DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2