Burns v. Mukasey, et al

Filing 49

ORDER adopting in full 40 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 2/11/10. Pltf's 44 motion for an ext of time to file objections is GRANTED. The State Dft's 13 motion to dismiss is GRANTED. The Loc al Dfts' 23 and 26 motions to dismiss are GRANTED in PART and DENIED in PART. The first, second, fourth, sixth, and tenth claims are DISMISSED. Dfts Brown, Mukasey, Sullivan, Mueller, City of Redding, Hansen, and Bosenko are DISMISSED. This action proceeds on pltf's third, fifth, seventh, eighth, and ninth claims as against dfts Kimple, Forrest, Williams, and Zufall only. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

DWAYNE B. BURNS, Plaintiff, v. MICHAEL MUKASEY, et al., Defendants. /

No. 2:09-cv-00497-MCE-CMK

ORDER

Plaintiff, who is proceeding pro se, brings this civil action alleging, among other things, violation of the right to keep and bear arms under the Second Amendment. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On November 6, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Timely objections to the findings and recommendations have been filed.1 ///

Plaintiff's motion for an extension of time to file objections (Doc. 44) is granted. 1

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. 2. 3. 4. denied in part; 5. 6. The first, second, fourth, sixth, and tenth claims are dismissed; Defendants Brown, Mukasey, Sullivan, Mueller, City of Redding, Hansen, and Plaintiff's motion for an extension of time to file objections (Doc. 44) is granted; The findings and recommendations filed November 6, 2009, are adopted in full; The State Defendant's motion to dismiss (Doc. 13) is granted; The Local Defendants' motion to dismiss (Docs. 23 and 26) is granted in part and

Bosenko are dismissed; and 7. This action proceeds on plaintiff's third, fifth, seventh, eighth, and ninth claims as

against defendants Kimple, Forrest, Williams, and Zufall only. Dated: February 11, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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