Hamilton v. Yates

Full title: PAUL C. HAMILTON, Plaintiff, v. J.A. YATES, et al., Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Nov 9, 2012

1:10-cv-1925-LJO-MJS (PC) (E.D. Cal. Nov. 9, 2012)

Opinion

1:10-cv-1925-LJO-MJS (PC)

11-09-2012

PAUL C. HAMILTON, Plaintiff, v. J.A. YATES, et al., Defendants.

Lawrence J. O'Neill

ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS

(ECF No. 23)

Plaintiff Paul C. Hamilton ("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 October 4, 2012, the Magistrate Judge filed a Findings and Recommendations, recommending dismissal of one of Plaintiff's claims. (ECF No. 23.) Plaintiff has failed to file objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, 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 4, 2012, are adopted in full;
2. Plaintiff be allowed to proceed on his Eighth Amendment conditions of confinement claim against Defendants Mattingly, Trimble, Spearman, and Yates;
3. Plaintiff's Fourteenth Amendment be dismissed; and
4. Defendants shall file an answer or otherwise defend against this action within thirty days of entry of this order.

IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE