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George Berry Strong v. Susan Hubbard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 29, 2010

GEORGE BERRY STRONG,
PLAINTIFF,
v.
SUSAN HUBBARD, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

(Doc. 19)

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.

Dated:

20101229

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