Munson v. State of California

Filing 51

ORDER signed by Judge John A. Mendez on 10/24/2012 ADOPTING 44 Findings and Recommendations in full; GRANTING 38 Motion for Summary Judgment as to Plaintiff's claims that the CMF shower facilities and canteen services violated the ADA and RA; OTHERWISE DENYING 38 Motion for Summary Judgment. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH MUNSON,

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Plaintiff,

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vs.
STATE OF CALIFORNIA,
Defendant.

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No. 2:09-cv-0478 JAM EFB P

ORDER
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Plaintiff, a state prisoner proceeding with counsel, 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 Rule 302.

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On August 8, 2012, 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 fourteen days.

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Defendants have filed objections to the findings and recommendations and plaintiff has filed a

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response thereto.

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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 by
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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 August 8, 2012, are adopted in full;

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and

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2. The October 28, 2011 motion for summary judgment filed by defendant is

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granted as to plaintiff’s claims that the CMF shower facilities and canteen services violated the

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ADA and RA and otherwise denied.

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DATED:

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October 24, 2012
/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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