Fountain v. Lebron et al

Filing 66

ORDER signed by Judge Kimberly J. Mueller on 3/20/12 ADOPTING 44 FINDINGS AND RECOMMENDATIONS; and GRANTING 25 MOTION to Dismiss in part or strike plaintiff's complaint as follows: Plaintiff's monetary damages claims against all defendants, including defendant Lebron, in their official capacities are DISMISSED; and Plaintiff's request for injunctive relief, prohibiting retaliation against him, is DISMISSED. (Meuleman, 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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CARL FOUNTAIN,
Plaintiff,

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vs.

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No. CIV S-10-2633 KJM DAD P

A. LEBRON, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding with counsel, 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 22, 2011, the magistrate judge filed findings and recommendations,

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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 presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to
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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 22, 2011, are adopted in

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full; and

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2. Defendants Gonzalez and Cooper’s July 18, 2011 motion to dismiss in part or
strike plaintiff’s complaint (ECF No. 25) is granted as follows:

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a. Plaintiff’s monetary damages claims against all defendants, including
defendant Lebron, in their official capacities are dismissed; and

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b. Plaintiff’s request for injunctive relief, prohibiting retaliation against

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him, is dismissed. 18 U.S.C. § 3626(a)(1)(A).

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DATED: March 20, 2012.

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UNITED STATES DISTRICT JUDGE

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/foun2633.801

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