Jackson et al v. State of California et al

Filing 68

ORDER ADOPTING 63 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 08/19/2014. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR DUANE JACKSON, et al., 12 Plaintiffs, 13 14 15 Case No. 1:13-cv-01055-LJO-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (ECF Nos. 44, 55, 58, 63) STATE OF CALIFORNIA, et al., Defendants. 16 17 Plaintiffs Arthur D. Jackson, Leonard M. Lujan, Marcus Jackson, Rodney Taylor, 18 Lacedric Johnson, L.T. Belton, and Norman Johnson filed this class action on behalf of 19 themselves and all others similarly situated on July 9, 2013. Defendants filed a Motion to 20 Dismiss the Second Amended Complaint on April 28, 2014. 21 On August 1, 2013, the magistrate judge assigned to this action issued a Findings and 22 Recommendations recommending that Defendants’ Motion to Dismiss be granted in part and 23 denied in part. The Findings and Recommendations was served on all parties and contained 24 notice that any objections were to be filed within fourteen (14) days. On August 13, 2014, 25 Defendants filed Objections to the Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 27 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 28 Findings and Recommendations are supported by the record and by proper analysis. 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. The Findings and Recommendations dated July 30, 2014 are adopted in full; 3 2. Defendants’ Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows: 4 a. 5 Defendants’ Motion to Dismiss Plaintiffs’ claims based upon the contracts 6 clause of 42 U.S.C. § 1981 is GRANTED and the claim is DISMISSED 7 from this action; b. 8 9 3. Defendants’ Motion to Dismiss is DENIED in all other respects. This action is referred back to the magistrate judge for further proceedings. 10 SO ORDERED 11 Dated: August 19, 2014 12 /s/ Lawrence J. O’Neill United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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