Oliver v. Adams et al

Filing 63

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING IN PART and DENYING IN PART Defendant Grannis's Motion to Dismiss 57 , 62 , signed by Chief Judge Lawrence J. O'Neill on 3/30/17: 20-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KENNETH OLIVER,

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Plaintiff,

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v.

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DARRYL ADAMS, et al.,

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Defendants.

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Case No.: 1:14-cv-00088-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING IN PART
AND DENYING IN PARTY DEFENDANT
GRANNIS’S MOTION TO DISMISS
[ECF Nos. 57, 62]

Plaintiff Kenneth Oliver is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On February 15, 2017, the Magistrate Judge filed a Findings and

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Recommendations recommending that Defendant Grannis’s motion to dismiss be granted in part and

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denied in part. The Findings and Recommendations were served on the parties and contained notice

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that objections were to be filed within thirty days. The thirty day time frame has expired and no

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objections were filed.

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

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be 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, filed on February 15, 2017, are adopted in full;

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2.

Defendant Grannis’s motion to dismiss is granted in part and denied in part as follows:
a. Denied as to dismissal of Plaintiff’s claims for declaratory and injunctive relief

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based on policy of CDCR;

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b. Granted as to dismissal of all claims for monetary damages in official capacity;

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c. Granted as to dismissal of monetary damages under RLUIPA;

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d.

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3.

Denied for dismissal as barred by the statute of limitations; and

All defendants shall file a response to the complaint within twenty (20) days from the
date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 30, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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