(PC) O'Brien v. Ogletree et al, No. 1:2020cv01553 - Document 14 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 11 Findings and Recommendations Regarding Dismissal of Certain Claims and Defendants, signed by District Judge Dale A. Drozd on 5/6/2021. This action is referred back to the magistrate judge for proceedings consistent with this order. (Rivera, O)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KORY T. O’BRIEN, 12 Plaintiff, 13 14 v. OGLETREE, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS Defendants. (Doc. No. 11) 16 Plaintiff Kory T. O’Brien is a state prisoner proceeding pro se and in forma pauperis in 17 18 No. 1:20-cv-01553-NONE-BAM (PC) this civil rights action pursuant to 42 U.S.C. § 1983. On March 15, 2021, the assigned magistrate judge screened plaintiff’s first amended 19 20 complaint and issued findings and recommendations that this action proceed on plaintiff’s first 21 amended complaint for retaliation in violation of the First Amendment against defendants 22 Ogletree and Costa. (Doc. No. 11.) The magistrate judge further recommended that all other 23 claims and defendants, including the request for injunctive relief, be dismissed from this action 24 based on plaintiff’s failure to state claims upon which relief may be granted. (Id.) The findings 25 and recommendations were served on plaintiff and contained notice that any objections were to 26 be filed within fourteen (14) days after service. (Id. at 8–9.) No objections have been filed, and 27 the deadline to do so has expired. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on March 15, 2021, (Doc. No. 11), are 6 7 adopted in full; 2. This action shall proceed on plaintiff’s first amended complaint, filed February 5, 8 2021, (Doc. No. 9), against defendants Ogletree and Costa for retaliation in violation 9 of the First Amendment; 10 3. All other claims and defendants, including the request for injunctive relief, are 11 dismissed from this action for failure to state claims upon which relief may be granted; 12 and 13 4. This action is referred back to the magistrate judge for proceedings consistent with this 14 order. 15 16 17 IT IS SO ORDERED. Dated: May 6, 2021 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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