(PC) Prado v. Swarthout et al, No. 2:2015cv01866 - Document 18 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 04/24/17 ORDERING that the ADA claims against all defendants in their individual capacities are DISMISSED WITH PREJUDICE; the First Amendment claims against all defendants are DISMISSED WITHOUT PREJUDICE; and Plaintiff's requests for injunctive relief are dismissed as moot. (Benson, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEJANDRO PRADO, 12 No. 2:15-cv-1866 WBS DB P Plaintiff, 13 v. ORDER 14 GARY SWARTHOUT, et al., 15 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. On March 24, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. None of the parties have 23 filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed March 24, 2017 (ECF No. 15) are adopted in 27 28 full; 1 1 2 2. The ADA claims against all defendants in their individual capacities are dismissed with prejudice; 3 4 5 6 3. The First Amendment claims against all defendants are dismissed without prejudice; and 4. Plaintiff’s requests for injunctive relief are dismissed as moot. Dated: April 24, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 DLB:9 Prad1866.800 20 21 22 23 24 25 26 27 28 2