Johnson v. Sisto et al

Filing 130

ORDER signed by Judge Kimberly J. Mueller on 03/31/2012. Defendants Shockley's and Deur's June 7, 2011 motion to dismiss 94 is granted; Defendant Sisto's July 26, 2011 motion to dismiss is granted 110 ; The findings and recommendations filed January 27, 2012, are adopted in full 124 . (Andrews, P)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LACEDRIC W. JOHNSON,
Plaintiff,

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vs.
D.K. SISTO, Warden, et al.,
Defendants.

ORDER
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No. Civ S-08-1609 KJM KJN P

Plaintiff, a state 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 27, 2012, the magistrate judge filed findings and recommendations,

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed

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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 file,

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the court finds the findings and recommendations to be supported by the record and by the

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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 filed January 27, 2012, are adopted in full;

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2. Defendant Shockley’s June 7, 2011 motion to dismiss (Docket No. 94) is

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granted;

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3. Defendant Sisto’s July 26, 2011 motion to dismiss (Docket No. 110) is
granted;

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4. Defendant Deur’s June 7, 2011 motion to dismiss (Docket No. 94) is granted;
and

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5. Plaintiff’s claims against defendants Sisto, Shockley and Deur are dismissed.
DATED: March 31, 2012.

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UNITED STATES DISTRICT JUDGE

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/john1609.805

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