Stewart Manago v. Gonzalez et al

Filing 66

ORDER Adopting Finding and Recommendations Recommending Dismissal of Case 60 , signed by District Judge Lawrence J. O'Neill on 12/10/13. Adame, M. Bryant, J. Gentry, J. Gutierrez, K. Sigston, T. Steadman, E. Stelfer, T. Turmezi, and J. Tyree Dismissed. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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v.

Case No. 1:11-cv-01269-LJO-SMS
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSAL OF CASE

S.F. GONZALEZ, former warden, et
al.,
Defendants.

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(Doc. 60)

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Defendants Adame, M. Bryant, J. Gentry, J. Gutierrez, K. Sigston, T. Steadman, E.

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Stelfer, T. Turmezei, and J. Tyree1 moved to dismiss the complaint pursuant to F.R.Civ.P. 12(b)
and 12(b)(6), contending that (1) Plaintiff failed to exhaust his administrative remedies, and (2)
the complaint failed to allege facts sufficient to state a cause of action against Defendants. The
matter was referred to United States Magistrate Judge Sandra M. Snyder pursuant to 28 U.S.C. §
636(b) and Local Rules 72-302 and 72-304.
On November 6, 2013, the Magistrate Judge filed findings and recommendations

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recommending that the case be dismissed against the moving Defendants since Plaintiff's claims
were barred by Heck v. Humphrey, 512 U.S. 477 (1994). The findings and recommendations
provided thirty (30) days for the filing of objections. On November 18, 2013, Plaintiff filed
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The remaining Defendants, A. Cantu and W. Gutierrez, had not been served at the time the listed Defendants
brought their motion to dismiss. Their separate motion to dismiss is now pending before the Court and will be
decided following full briefing of the motion.

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voluminous objections (199 pages), accusing the Magistrate Judge of obstructing justice, and
insisting that his "good claims" should go forward. Plaintiff did not, however, meaningfully
address the application of Heck.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the Court finds the
Findings and Recommendations to be supported by the record and proper analysis.

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Accordingly, it is hereby ORDERED that the Findings and Recommendations, filed
November 6, 2013, be adopted in full, dismissing the case against Defendants, Adame, M.
Bryant, J. Gentry, J. Gutierrez, K. Sigston, T. Steadman, E. Stelfer, T. Turmezei, and J. Tyree.
The Clerk of Court is directed to enter judgment in favor of the listed Defendants.

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IT IS SO ORDERED.
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Dated:

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/s/ Lawrence J. O’Neill

December 10, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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b9ed48bb

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