(PC) Cato v. Denning et al

Filing 13

ORDER ADOPTING 12 Findings and Recommendations Regarding Dismissal of Certain Claims signed by Chief Judge Lawrence J. O'Neill on 10/4/2019. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CATO, JR., 12 13 14 15 Plaintiff, v. M. DENNING, et al., Case No. 1:19-cv-00951-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS (ECF No. 12) Defendants. 16 17 Plaintiff James Cato, Jr. is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 4, 2019, the assigned Magistrate Judge issued findings and 21 recommendations that this action proceed on Plaintiff’s complaint against Defendants Denning 22 and Hillman, in their individual capacity, for violations of Plaintiff’s right to receive mail under 23 the First Amendment, and that all other claims be dismissed. (ECF No. 12.) The findings and 24 recommendations were served on Plaintiff and contained notice that any objections thereto were 25 to be filed within fourteen (14) days after service. (Id. at 2.) No objections have been filed and 26 the time in which to do so has now passed. 27 28 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 that the 1 1 Magistrate Judge’s findings and recommendations are supported by the record and proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 The findings and recommendations issued on September 4, 2019, (ECF No. 12), are adopted in full; 2. This action shall proceed on Plaintiff’s complaint, filed on July 11, 2019, (ECF 7 No. 1), against Defendants Denning and Hillman, in their individual capacity, for 8 violations of Plaintiff’s right to receive mail under the First Amendment; 9 3. 10 11 All other claims are dismissed from this action based on Plaintiff’s failure to state a claim upon which relief may be granted; and 4. 12 This action is referred back to the assigned Magistrate Judge for further proceedings. 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 4, 2019 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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