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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ARTHUR DUANE JACKSON, et al.,
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Plaintiffs,
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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.
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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.
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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.
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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.
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Accordingly, it is HEREBY ORDERED that:
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1.
The Findings and Recommendations dated July 30, 2014 are adopted in full;
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2.
Defendants’ Motion to Dismiss is GRANTED IN PART and DENIED IN PART
as follows:
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a.
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Defendants’ Motion to Dismiss Plaintiffs’ claims based upon the contracts
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clause of 42 U.S.C. § 1981 is GRANTED and the claim is DISMISSED
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from this action;
b.
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3.
Defendants’ Motion to Dismiss is DENIED in all other respects.
This action is referred back to the magistrate judge for further proceedings.
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SO ORDERED
11 Dated: August 19, 2014
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/s/ Lawrence J. O’Neill
United States District Judge
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