UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 29, 2010
GEORGE BERRY STRONG,
SUSAN HUBBARD, ET AL.,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
THIRTY-DAY DEADLINE ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND REFERRING MATTER BACK TO MAGISTRATE JUDGE TO INITIATE SERVICE OF PROCESS
Plaintiff George Berry Strong ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on January 17, 2008. (Doc. 1.) A first amended complaint was filed on August 12, 2009. (Doc. 15.) On November 9, 2010, the Magistrate Judge screened Plaintiff's complaint, and found that it states a claim against Defendants Hubbard and Clark for deliberate indifference in violation of the Eighth Amendment, but does not state any other claims for relief under section 1983. 28 U.S.C. § 1915A. Plaintiff was given thirty days to file an objection to the findings and recommendations and no objection has been filed. (Doc. 19.)
Accordingly, IT IS HEREBY ORDERED that:
1. This action will proceed on Plaintiff's first amended complaint, filed August 12, 2009, against Defendants Hubbard and Clark for deliberate indifference in violation of the Eighth Amendment;
2. Plaintiff's equal protection claim is dismissed, with prejudice, for failure to state a claim under section 1983; and
3. This matter is referred back to the Magistrate Judge to initiate service of process proceedings.
IT IS SO ORDERED.
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