Penn v. U.S. Department of Justice et al

Filing 57

ORDER signed by Judge Garland E. Burrell, Jr on 3/27/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/7/12 56 are ADOPTED. The DOJ's MOTION TO DISMISS Defendants ATF, Huff, Jones, and Price 35 is GRANTED. The DOJ's MOTION to DI SMISS Plaintiff's fourth and fifh FOIA claim is GRANTED. The DOJ's MOTION for SUMMARY JUDGMENT on Plaintiff's first, second, and third FOIA claims is GRANTED. Plaintiff's REQUESTS to amend and for a Stay of this case is DENIED; and The Clerk is directed to enter Judgment for the DOJ and close this case. CASE CLOSED.(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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MARLIN PENN,

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Plaintiff,

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No. CIV S-10-2494 GEB EFB PS

vs.
U.S. DEPARTMENT OF JUSTICE,
et al.,

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Defendants.
__________________________________/

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ORDER

On March 7, 2012, the magistrate judge filed findings and recommendations

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

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findings and recommendations were to be filed within fourteen days. No objections were filed.

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The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed March 7, 2012, are

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ADOPTED;

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2. The DOJ’s motion to dismiss defendants ATF, Huff, Jones, and Price is

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granted;

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3. The DOJ’s motion to dismiss plaintiff’s fourth and fifth FOIA claims is
granted;
4. The DOJ’s motion for summary judgment on plaintiff’s first, second, and third
FOIA claims is granted;

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5. Plaintiff’s requests to amend and for a stay of this case is denied; and

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6. The Clerk is directed to enter judgment for the DOJ and close this case.

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Dated: March 27, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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