Mitchell v. Williams et al

Filing 28

ORDER signed by Judge Kimberly J. Mueller on 3/23/2012 ADOPTING 26 Findings and Recommendations; GRANTING 15 Motion to Dismiss State Law Claims; DISMISSING 4th and 5th causes of action of Plaintiff's 1 Prisoner Civil Rights Complaint. Defendant's Answer due within 30 days. (Michel, G)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

LACY MITCHELL,
Plaintiff,

11
12

vs.

13

No. CIV S-10-1829 KJM DAD P

WILLIAMS, et al.,
Defendants.

14

ORDER
/

15

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

16
17

seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

18

Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 8, 2012, the magistrate judge filed findings and recommendations,

19
20

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

21

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

22

objections to the findings and recommendations.1

23

/////

24
25
26

1

Plaintiff also indicates in his objections that he seeks a temporary stay of this action.
Plaintiff is advised that he must file a formal motion, state the specific grounds for the stay,
provide supporting evidence, and explain the length of the stay he seeks.
1

1

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

2

304, this court has conducted a de novo review of this case. Having carefully reviewed the file,

3

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

4

proper analysis.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1. The findings and recommendations filed February 8, 2012, are adopted in full;

7

2. Defendants’ June 20, 2011 motion to dismiss state law claims (ECF No. 15) is

8

granted;

9
10

3. The fourth and fifth causes of action of plaintiff’s complaint for negligence
and infliction of emotional distress are dismissed; and

11

4. Within thirty days from the date of this order, defendants shall file their

12

answer.

13

DATED: March 23, 2012.

14
UNITED STATES DISTRICT JUDGE

15
16
17
/mitc1829.805

18
19
20
21
22
23
24
25
26
2