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Edward B. Spencer v. G.R. Hudson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 2, 2013

EDWARD B. SPENCER,
PLAINTIFF,
v.
G.R. HUDSON, ET AL.,
DEFENDANTS.

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (ECF No. 15)

Plaintiff Edward B. Spencer ("Plaintiff") is a 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 February 1, 2013, the Magistrate Judge filed a Findings and Recommendations, recommending dismissal of certain of Plaintiff's claims and defendants. (ECF No. 15.) Plaintiff has not filed any 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 February 1, 2013, are adopted in full;

2. This action proceed as one for damages on Plaintiff's First Amendment retaliation claim against Defendant Hudson arising out his retaliation against Plaintiff for engaging in protected conduct;

3. Plaintiff's First Amendment retaliation claim against Defendant Ibarra is dismissed, with prejudice, for failure to state a claim;

4. Plaintiff's claim for declaratory relief is dismissed, with prejudice, for failure to state a claim; and

5. Defendant Ibarra is dismissed from this case.

IT IS SO ORDERED.

SENIOR DISTRICT JUDGE

20130402

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