Harrison v. Adams, et al

Filing 290

ORDER ADOPTING 289 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING IN PART OF DENYING IN PART 285 Plaintiff's Motion to Dismiss; and ORDER DISMISSING Defendants C. Bastianon and B. Johnson signed by District Judge Anthony W. Ishii on 3/18/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL D. HARRISON,
Plaintiff,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT IN
PART AND DENY IN PART PLAINTIFF’S
MOTION TO DISMISS

v.

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Case No. 1:08-cv-01065-AWI-MJS (PC)

D. ADAMS, et al.,
(ECF No. 289)
Defendants.

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CASE TO REMAIN OPEN

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought

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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 of the United States
District Court for the Eastern District of California.
On

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February

22,

2016,

the

Magistrate

Judge

issued

findings

and

recommendations to grant in part and deny in part Plaintiff’s motion to dismiss. (ECF
No. 289.) Specifically, the Magistrate Judge recommended that Defendants Bastianon
and Johnson be dismissed with prejudice pursuant to Federal Rule of Civil Procedure
41(a)(2) based on Plaintiff’s motion and Defendants’ statement of non-opposition. The
Magistrate Judge recommended that Plaintiff’s motion be denied as moot as to
Defendants Zakari, Raygoza, and Edmonds as they already were dismissed from this
action.

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Neither party objected to the findings and recommendations. In accordance with

2 the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of
3 this case. Having carefully reviewed the entire file, the Court finds the findings and
4 recommendations to be supported by the record and by proper analysis.
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Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the findings and recommendations (ECF No. 289), filed
February 22, 2016, in full;
2. Plaintiff’s motion to dismiss (ECF No. 285) is GRANTED IN PART AND
DENIED IN PART;

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3. Defendants Bastianon and Johnson are DISMISSED with prejudice; and

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4. The matter is referred back to the Magistrate Judge for the issuance of

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further scheduling orders.

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IT IS SO ORDERED.

15 Dated: March 18, 2016

SENIOR DISTRICT JUDGE

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