Opinion
Case No. CV 13-3004-SVW (JEM)
02-02-2015
CHARLES WINDHAM, Plaintiff, v. RONALD FRANKLIN, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge filed on August 29, 2014. No Objections to the Report and Recommendation have been filed within the time allowed for Objections. The Court concurs with and accepts the findings, conclusions, and recommendations of the Magistrate Judge.
The Magistrate Judge's Report and Recommendation of August 29, 2014, was returned to the Court on September 15, 2014, with a note stating, "Inmate Refused - Chrono On File". (See Docket No. 52.)
IT IS HEREBY ORDERED that:
(1) Plaintiff's failure-to-protect claim based on the February 17, 2010, cellmate assignment is DISMISSED without leave to amend;
(2) Plaintiff's retaliation claims are DISMISSED without leave to amend;
(3) Plaintiff's access to courts claims are DISMISSED without leave to amend, but without prejudice to filing in another action;
(4) all claims against defendants Beard, Sullivan, Sherman, Mebane, Assad, Wofford, Miguel, Harris, Frank, Martinez, Fears, Wood, Williams, and Beltran are DISMISSED without leave to amend;
(5) Plaintiff's Eighth Amendment claims against Romero and Maldonado based on the March 1, 2010, incident are DISMISSED with leave to amend;
(6) Plaintiff's state law claims are DISMISSED with leave to amend; and
(7) Plaintiff is GRANTED leave to file a Third Amended Complaint consistent with the Magistrate Judge's Report and Recommendation filed on August 29, 2014, within thirty (30) days of this Order. DATED: February 2, 2015
/s/_________
STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE