(PC) McDaniel v. Hubbard et al, No. 2:2007cv01189 - Document 79 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 9/22/2010 ORDERING that the 78 findings and recommendations filed August 13, 2010, are adopted in full. Defendants 69 November 9, 2009 motion for judgment on the pleadings is GRANTED in part and DENIED in part: Plaintiff's cover-up claim against defendants Swan, Cueva and Hall is dismissed without prejudice and Plaintiff's failure to investigate claim against defendant Hall is dismissed with prejudice.(Duong, D)
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(PC) McDaniel v. Hubbard et al Doc. 79 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLIFTON JEROME MCDANIEL, Plaintiff, 11 vs. 12 13 No. CIV S-07-1189 JAM JFM (PC) S. HUBBARD, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 13, 2010, the magistrate judge filed findings and recommendations 19 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 13, 2010, are adopted in full; 2 2. Defendants’ November 9, 2009 motion for judgment on the pleadings is 3 4 5 6 7 8 granted in part and denied in part: a. Plaintiff’s cover-up claim against defendants Swan, Cueva and Hall is dismissed without prejudice; and b. Plaintiff’s failure to investigate claim against defendant Hall is dismissed with prejudice. DATED: September 22, 2010. 9 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2