Carmichael v. The GEO Group Inc. et al

Filing 18

ORDER Adopting 14 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims signed by District Judge Lawrence J. O'Neill on 2/21/2014. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 MICHAEL CARMICHAEL, 12 13 14 15 Plaintiff, vs. M. AGUILAR, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 1:12cv01913 LJO DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS (Document 14) 16 17 Plaintiff Michael Carmichael (“Plaintiff”), a state prisoner proceeding pro se and in 18 forma pauperis, filed this civil rights action on November 26, 2012. He filed a First Amended 19 Complaint on June 10, 2013. The matter was referred to a United States Magistrate Judge 20 21 22 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 9, 2014, the Magistrate Judge issued Findings and Recommendations that certain claims be dismissed without leave to amend for failure to state a claim. The Findings and 23 Recommendations were served on Plaintiff and contained notice that any objections must be 24 25 26 27 28 filed within thirty days. Plaintiff did not file objections. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this 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 by proper analysis. 1 1 2 3 Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, filed January 9, 2014, are adopted in full; 2. This action proceed on the following cognizable claims: (1) violation of the First 4 Amendment against Defendants Meyer, Pressley, Wilson and Marshall; (2) 5 violation of RLUIPA against Defendants Aguilar, Meyer, Pressley, Wilson and 6 Marshall; and (3) violation of the Fourteenth Amendment against Defendants 7 Meyer, Pressley and Marshall; and 8 9 3. All other claims ARE DISMISSED. IT IS SO ORDERED. 10 11 Dated: /s/ Lawrence J. O’Neill February 21, 2014 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?