Green v. Miranda et al
Filing
36
ORDER adopting 29 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 11/21/11: Defendants' motion to dismiss is granted as to plaintiffs access to courts claim and denied as to plaintiff's eighth amendment and due process claims. (Kaminski, H)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
JOHN GREEN,
11
12
13
Plaintiff,
No. CIV S-10-1424 JAM EFB P
vs.
R. MIRANDA, et al.,
14
Defendants.
15
ORDER
/
16
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
17
seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
18
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
19
On August 22, 2011, the magistrate judge filed findings and recommendations
20
herein which were served on all parties and which contained notice to all parties that any
21
objections to the findings and recommendations were to be filed within fourteen days.
22
Defendants have filed objections to the findings and recommendations.1
23
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
24
25
26
1
To the extent that defendants’ objections raise arguments that were not raised before the
magistrate judge, such arguments are disregarded. Defendants are permitted to raise these
arguments in their motion for summary judgment.
1
1
304, this court has conducted a de novo review of this case. Having carefully reviewed the
2
entire file, the court finds the findings and recommendations to be supported by the record and by
3
proper analysis.
4
Accordingly, IT IS HEREBY ORDERED that:
5
1. The findings and recommendations filed August 22, 2011, are adopted in full;
6
7
and
2. Defendants’ motion to dismiss is granted as to plaintiff’s access to courts claim
8
and denied as to plaintiff’s eighth amendment and due process claims.
9
DATED: November 21, 2011
10
11
/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?