Simmons v. CDCR et al

Filing 72

ORDER Adopting Findings And Recommendations (ECF Nos. 54 , 69 ), ORDER Dismissing Defendant California Department Of Corrections And Rehabilitation, signed by District Judge Anthony W. Ishii on 9/29/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER SIMMONS,
Plaintiff,

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Case No. 1:10-cv-00553 AWI-SAB-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF Nos. 54, 69 )

v.
J. AKANNO, et al.,

ORDER DISMISSING DEFENDANT
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION

Defendant**.

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Plaintiff is a state prisoner proceeding in a civil rights action pursuant to 42 U.S.C. §

18 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
19 636(1)(B) and Local Rule 302.
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On September 4, 2015, findings and recommendations were entered, recommending

21 dismissal of Defendant California Department of Corrections and Rehabilitation pursuant to
22 Federal Rule of Civil Procedure 12(b)(6). The parties were provided an opportunity to file
23 objections within twenty days. To date, No objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this

25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
26 Court finds the record to be supported by the record and proper analysis.
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Accordingly, THE COURT HEREBY ORDERS that:

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The findings and recommendations (Doc. No. 69) issued by the Magistrate Judge

3 on September 4, 2015, are adopted in full;
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Defendant California Department of Corrections and Rehabilitation’s motion to

5 dismiss (Doc. No. 54) is GRANTED and that Defendant is dismissed with prejudice, based on
6 Plaintiff’s failure to state a claim upon which relief may be granted.
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IT IS SO ORDERED.

9 Dated: September 29, 2015

SENIOR DISTRICT JUDGE

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