UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 6, 2013
B. WINKLES, ET AL.,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (ECF No. 21)
Plaintiff John Maddalone is a former prisoner proceeding pro se in a 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 October 10, 2012, the Magistrate Judge filed a Findings and Recommendations, recommending dismissal of certain of Plaintiff's claims and Defendants. (ECF No. 21.) Plaintiff has failed to file objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 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 October 10, 2012, are adopted in full;
2. Plaintiff be allowed to proceed on his Eighth Amendment excessive force claim against Defendant Winkles and his First Amendment retaliation claim against Defendant Bergland; and
3. All of Plaintiff's remaining claims and the remaining Defendants be DISMISSED from this action.
IT IS SO ORDERED.
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