Johnson v. Mitchell et al

Filing 203

ORDER ADOPTING 197 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 05/31/12 and ORDERING that defendants Mode and Yarrington's 179 Motion to Dismiss for lack of personal jurisdiction is GRANTED IN PART; plaint iff's claims against defendants Mode and Yarrington are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the U.S. District Court for the District of Vermont. Defendant Ford Hermansen's 151 Motion to Dismiss for lack of personal jurisdiction is DENIED. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHEPARD JOHNSON,

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Plaintiff,

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No. 2:10-cv-1968 GEB GGH PS

vs.
CHESTER MITCHELL, et al.,
ORDER

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Defendants.
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/

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On May 4, 2012, the magistrate judge filed findings and recommendations herein

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which contained notice that any objections to the findings and recommendations were to be filed

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within fourteen days. (Dkt. No. 197.) No objections were filed. Accordingly, the court

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presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th

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Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi

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Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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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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1. The findings and recommendations (dkt. no. 197) are adopted in full;

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2. Defendants Mode and Yarrington’s motion to dismiss for lack of personal

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jurisdiction (dkt. no. 179) is GRANTED IN PART and plaintiff’s claims against defendants
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Mode and Yarrington are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the

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United States District Court for the District of Vermont.

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3. Defendant Ford Hermansen’s motion to dismiss for lack of personal

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jurisdiction (dkt. no. 151) is DENIED.

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Dated: May 31, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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