Phillips

(PC) Houk v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaDecember 13, 20241:23-cv-01540California330 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEPHEN HOUK, Case No.: 1:23-cv-01540-JLT-SKO Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. CERTAIN CLAIMS AND DEFENDANT

ALVA FOLLOWING SCREENING

BRYAN D. PHILLIPS, Warden, et al., (Doc. 11) Defendants.

Plaintiff seeks to hold defendants liable for civil rights violations pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge recommended this action proceed only on Plaintiff’s Eighth Amendment failure to protect claim against Defendant Alvarado-Torres, that Defendant Alva be dismissed from the action, and that any remaining claims in Plaintiff’s first amended complaint against any defendant be dismissed. (Doc. 11.) Further, the magistrate judge advised that the “failure to file objections within the specified time may result in the waiver of certain rights on appeal.”…

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