Bryson v. Gerson et al

Filing 14

ORDER Adopting Findings and Recommendations 13 for Service of Cognizable Claims in First Amended Complaint against Defendant Executive Office for United States Attorneys, and to Dismiss All Other Claims and Defendants, signed by District Judge Lawrence J. O'Neill on 12/15/14. 30-Day Deadline. (Attachments: # 1 USM Form and Civil Instructions)(Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM M. BRYSON, JR.,

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CASE NO. 1:13-cv-01979-LJO-MJS
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS (1) FOR SERVICE
OF COGNIZABLE CLAIMS IN FIRST
AMENDED COMPALINT AGAINST
DEFENDANT EXECUTIVE OFFICE FOR
UNITED STATES ATTORNEYS, AND (2)
TO DISMISS ALL OTHER CLAIMS AND
DEFENDANTS

Plaintiff,
v.
SUSAN B. GERSON, et al.,

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Defendants.

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(ECF Nos. 9, 13)

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this
action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. (ECF Nos. 4 & 9.)
The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern
District of California.
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On

November

21,

2014,

the

Magistrate

Judge

issued

findings

and

recommendations (ECF No. 13) that (1) Plaintiff should proceed on the first amended
complaint FOIA claim against Defendant Executive Office for United States Attorneys,
and (2) all other claims asserted in the first amended complaint and all other named

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Defendants should be dismissed with prejudice. Plaintiff did not object to the Findings

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and Recommendations and the time for doing so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

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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

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proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 13), filed on November 21,

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2014, are adopted in full;
2. Plaintiff is to proceed on the first amended complaint FOIA claim against
Defendant Executive Office for United States Attorneys;
3. All other claims asserted in the first amended complaint and all other named
Defendants are dismissed with prejudice;
4. Service should be initiated on the following Defendant:
EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS

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5. The Clerk of the Court is directed to send Plaintiff one (1) USM-285 form, one

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(1) summons, a Notice of Submission of Documents form, an instruction

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sheet, and a copy of the first amended complaint, filed September 8, 2014;

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6. Within thirty (30) days from the date of this order, Plaintiff is to complete and

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return to the Court the notice of submission of documents along with the

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following documents:

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a. Completed summons;

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b. One completed USM-285 form for the Defendant listed above,

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c. Two copies of the endorsed first amended complaint filed September 8,

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2014; and

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7. Upon receipt of the above-described documents, the Court will direct the

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United States Marshal to serve the above-named Defendant pursuant to

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Federal Rule of Civil Procedure 4 without payment of costs.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 15, 2014

UNITED STATES DISTRICT JUDGE
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