(PC) Anderson v. Kernan et al, No. 1:2019cv00255 - Document 32 (E.D. Cal. 2020)

Court Description: ORDER adopting FINDINGS and RECOMMENDATIONS to Dismiss Non-Cognizable Claims 27 signed by District Judge Dale A. Drozd on 4/14/2020. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HECTOR ANDERSON, No. 1:19-cv-0255-NONE-JLT (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS NONCOGNIZABLE CLAIMS 14 SCOTT KERNAN, et al., 15 (Doc. No. 27) Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 6, 2020, the magistrate judge screened complaint and found that some of the 21 claims could proceed, while others were not cognizable as plead. (Doc. No. 24.) The magistrate 22 judge provided plaintiff the option to stand on the complaint, proceed with it as screened, or file 23 an amended complaint. (Id.) Plaintiff filed a notice of his willingness to proceed on the 24 complaint as screened and to dismiss the claims deemed non-cognizable. (Doc. No. 26.) The 25 magistrate judge thereafter issued findings and recommendations to dismiss the non-cognizable 26 claims, which were served on plaintiff and which contained notice to plaintiff that any objections 27 to the findings and recommendations were to be filed within fourteen days. (Doc. No. 27.) 28 Plaintiff has not filed objections to the findings and recommendations. 1 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed February 6, 2020 (Doc. No. 27) are adopted in 5 6 full; 2. This action shall proceed on an Eighth Amendment claim against Warden H. Anglea of 7 8 the Sierra Conservation Center. All other claims and defendants are hereby dismissed. 3. This matter is referred back to the magistrate judge. 9 10 11 IT IS SO ORDERED. Dated: April 14, 2020 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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