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Player v. Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 30, 2010

LAVELL TYRONE PLAYER, PLAINTIFF,
v.
CERTAIN CLAIMS ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING

(Doc. 14)

Plaintiff Lavell Tyrone Player ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On March 30, 2009, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely Objection to the Findings and Recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed March 30, 2009, is adopted in full;

2. This action proceed only on Plaintiff's claims against Defendants B. Johnson and Proulx for excessive force in violation of the Eighth Amendment and against Defendants Watson, Rangel, Oftedal, Miller, and Campbell for retaliation in violation of the First Amendment;*fn1 and

3. Plaintiff's claims against Defendants Kavanaugh and Fields be dismissed for Plaintiff's failure to state a claim upon which relief may be granted.

IT IS SO ORDERED.


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