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Rickey Adams v. J. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 28, 2012

RICKEY ADAMS,
PLAINTIFF,
v.
J. YATES, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS FOR DISMISSAL OF CERTAIN OF PLAINTIFF'S CLAIMS AND DEFENDANTS (ECF Nos. 34 & 35)

Plaintiff Rickey Adams ("Plaintiff") is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983.

On August 30, 2012, after reviewing Plaintiff's Second Amended Complaint, the Court ordered Plaintiff to either file an amended complaint or notify the Court of his willingness to proceed only on his post-November 2008 First Amendment retaliation claim against Defendants Erickson, Rumbles, and Brumbaugh. (ECF No. 34.) On September 24, 2012, Plaintiff notified the Court of his willingness to forgo a third amended complaint and proceed with his post-2008 First Amendment retaliation claim. (ECF No. 35.)

Accordingly, all claims and Defendants in Plaintiffs Second Amended Complaint, except for his post-November 2008 First Amendment retaliation claim against Defendants Erickson, Rumbles, and Brumbaugh, should now be dismissed.

The Court hereby RECOMMENDS the following:

1. Plaintiff be allowed to proceed on his post-November 2008 First Amendment retaliation claim against Defendants Erickson, Rumbles, and Brumbaugh;

2. Plaintiff's pre-November 2008 First Amendment retaliation claim against Defendants Erickson, Rumbles, and Brumbaugh be dismissed;

3. Plaintiff's Fourteenth Amendment due process claim regarding prison grievance procedures against Defendants Yates, Huckabay, and Grannis be dismissed;

4. Plaintiff's Fourteenth Amendment due process claim regarding false rules violation reports against Defendants Erickson, Rumbles, and Brumbaugh be dismissed;

5. Plaintiff's conspiracy claim against Defendants Yates, Erickson, Rumbles, Brumbaugh, Huckabay, Grannis, and Hubbard be dismissed; and

6. Defendants Yates, Huckabay, Grannis, and Hubbard be dismissed from the action.

These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within fourteen (14) days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Y1 st, 951 F.2d 1153 (9th Cir. 1991).

IT IS SO ORDERED.

20121128

© 1992-2012 VersusLaw Inc.



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