(PC) Gardner v. Newsom et al

Filing 66

ORDER ADOPTING 60 Findings and Recommendations; ORDER GRANTING 51 Defendants' Motion to Dismiss; and ORDER Dismissing Defendant California State Prison, Corcoran signed by District Judge Dale A. Drozd on 1/8/2021. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONDEL DELBERT GARDNER,

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Plaintiff,

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v.

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GAVIN NEWSOM, et.al.,

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Defendants.

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Case No.: 1:20-cv-00240-NONE-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. Nos. 51, 60)

Plaintiff Rondel Delbert Gardner is proceeding in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant

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to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 14, 2020, the assigned magistrate judge issued findings and recommendations

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recommending defendants’ motion to dismiss be granted. (Doc. No. 61.) The findings and

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recommendations were served on the parties and contained notice that objections were due within

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twenty-one (21) days. (Id. at 9.) Plaintiff filed objections on November 20, 2020, and defendants

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filed a response on November 30, 2020. (Doc. Nos. 64, 65.)

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

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novo review of the case. Having carefully reviewed the entire file, including plaintiff’s objections and

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request to present further evidence, the court concludes that the magistrate judge’s findings and

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recommendations are supported by the record and by proper analysis. Plaintiff’s objections provide

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no basis upon which that recommendation could legitimately be rejected.

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Accordingly,

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1.

The findings and recommendations issued on October 14, 2020, (Doc. No. 62), are
adopted in full;

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2.

Defendants’ motion to dismiss filed on August 27, 2020 (Doc. No. 51) is granted;

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3.

Plaintiff’s due process claim is dismissed for failure to state a cognizable claim; and

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4.

Defendant California State Prison, Corcoran is dismissed from the action.

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IT IS SO ORDERED.
Dated:

January 8, 2021
UNITED STATES DISTRICT JUDGE

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