Chatman v. Felker et al
Filing
80
ORDER signed by Judge John A. Mendez on 6/14/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 4/3/12 78 are ADOPTED in full; Defendant Patton's 1/3/12 Motion to Dismiss 65 is GRANTED with respect to Plaintiff's First Amendment Claim, and DENIED, as to Plaintiff's Eight Amendment Claim. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHARLES CHATMAN,
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Plaintiff,
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No. CIV S-09-1028 JAM CKD P
vs.
TOM FELKER, et al.,
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Defendants.
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ORDER
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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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 3, 2012, the magistrate judge filed findings and recommendations herein
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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. Neither party has
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filed objections to the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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/////
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1. The findings and recommendations filed April 3, 2012, are adopted in full; and
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2. Defendant Patton’s January 3, 2012 motion to dismiss is granted with respect
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to plaintiff’s First Amendment claim, and denied as to plaintiff’s Eighth Amendment claim.
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DATED: June 14, 2012
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/s/ John A. Mendez
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UNITED STATES DISTRICT COURT JUDGE
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