(PC) Davis v. MacComber et al, No. 2:2019cv00848 - Document 21 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 11/4/2019 ADOPTING 16 Findings and Recommendations in full. Plaintiff's due process and conspiracy claims against defendants Cox, Rodriguez, and Salazar are DISMISSED. This action shall proceed only on plaintiff's Eighth Amendment claims against defendants Spearman, Cox, Rodriguez, and Salazar. (Zignago, K.)

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(PC) Davis v. MacComber et al Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIM DAVIS, No. 2:19-cv-00848-MCE-DMC-P 12 Plaintiff, 13 v. ORDER 14 MARION SPEARMAN, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On October 2, 2019, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. No objections to the findings and recommendations 23 have been filed. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 2, 2019, are adopted in 2. Plaintiff’s due process and conspiracy claims against defendants Cox, 3 4 5 6 7 8 9 full; Rodriguez, and Salazar are dismissed; and 3. This action shall proceed only on plaintiff’s Eighth Amendment claims against defendants Spearman, Cox, Rodriguez, and Salazar. IT IS SO ORDERED. Dated: November 4, 2019 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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