Johnson v. Cate et al

Filing 12

ORDER Adopting 11 Findings and Recommendations and Dismissing Certain Claims and Defendants, signed by District Judge Lawrence J. O'Neill on 7/3/12. C. Lawless, M. D. Bitner and Kelly Harrington terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARRISON S. JOHNSON,

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Plaintiff,

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v.
MATTHEW CATE, et al.,

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1:10-cv-2348-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 11)

Defendants.

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_______________________________/

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Plaintiff Garrison S. Johnson (“Plaintiff”) is a prisoner proceeding pro se in a civil rights

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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 4, 2012, the Magistrate Judge filed a Findings and Recommendations,

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recommending dismissal of certain of Plaintiff’s claims and Defendants. (ECF No. 11.) Plaintiff

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has failed to file objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the Findings and Recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed June 4, 2012, are adopted in full;

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2.

Plaintiff be allowed to proceed on his Fourteenth Amendment equal protection

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claim against Defendant Doran;

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3.

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Plaintiff’s claims against Defendants Warden Harrington, Warden Biter, and
Associate Warden Lawless be dismissed with prejudice; and

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4.

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Defendants Warden Harrington, Warden Biter, and Associate Warden Lawless be
dismissed from this action.

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IT IS SO ORDERED.

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Dated:
66h44d

July 3, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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