Barker v. Hubbard et al
Filing
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ORDER signed by Judge William B. Shubb on 12/22/11 ORDERING that the findings and recommendations filed 11/1/11, are adopted in full; Defendants' motion to dismiss 91 is granted; Plaintiff's claims arising under California law claims thre e and four in his second amended complaint are dismissed without prejudice; and Plaintiff is given 14 days from the date of this order to file a third amended complaint consistent with this order. If plaintiff elects not to file another amended complaint, the action shall proceed on the remaining claims. (Becknal, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WILLIAM BARKER,
Plaintiff,
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vs.
SUSAN L. HUBBARD, et al.,
Defendants.
ORDER
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No. CIV S-08-1160 WBS CKD P
Plaintiff, a California prisoner proceeding pro se, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.
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On November 1, 2011, the magistrate judge filed findings and recommendations
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herein which were served on all parties and which contained notice to all parties that any
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objections to the findings and recommendations were to be filed within twenty-one days.
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Plaintiff has 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) and Local Rule
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304, this court has conducted a de novo review of this case. Having carefully reviewed the
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entire file, the court finds the findings and recommendations to be supported by the record and
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by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed November 1, 2011, are adopted in
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full;
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2. Defendants’ motion to dismiss (Docket No. 91) is granted;
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3. Plaintiff’s claims arising under California law – claims three and four in his
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second amended complaint – are dismissed without prejudice; and
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4. Plaintiff is given 14 days from the date of this order to file a third amended
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complaint consistent with this order. If plaintiff elects not to file another amended complaint,
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the action shall proceed on the remaining claims.
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DATED: December 22, 2011
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/bark1160.805
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