(PC) Vandervall v. Feltner et al, No. 2:2009cv01576 - Document 25 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 8/25/2010 ADOPTING 22 Findings and Recommendations in full. Dfts' 13 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
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(PC) Vandervall v. Feltner et al Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KARL VANDERVALL, 11 Plaintiff, 12 13 No. CIV S-09-1576 GEB DAD P vs. J. FELTNER, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 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. 19 On July 19, 2010, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Neither party has 22 filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 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 July 19, 2010 are adopted in full; 2 2. Defendants’ December 18, 2009 motion to dismiss (Doc. No. 13) is granted in 3 4 5 6 7 8 9 part and denied in part as follows: A. Defendants’ motion to dismiss plaintiff’s complaint as barred by the favorable termination rule is denied; B. Defendants’ motion to dismiss plaintiff’s Fourteenth Amendment Due Process claims against defendants Feltner, Machado, Lackner, and Martel is granted; C. Defendants’ motion to dismiss plaintiff’s First Amendment retaliation claims against defendants Lackner and Martel is granted; and 10 D. Defendants’ motion to dismiss plaintiff’s First Amendment retaliation 11 claims against defendants Feltner and Machado on the grounds of qualified immunity is denied. 12 Dated: August 25, 2010 13 14 15 GARLAND E. BURRELL, JR. United States District Judge 16 17 18 19 20 21 22 23 24 25 26 2