West v. Pettigrew et al

Filing 204

ORDER signed by Judge John A. Mendez on 3/5/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/20/14, 179 are ADOPTED in full; Defendants' MOTION to DISMISS 139 is GRANTED in part and DENIED in part. Defendants Pettigrew and Vira are DISMISSED from this action with prejudice; All claims against defendants Gayton, Ortega and Coyle based on events prior to 11/20/08 are DISMISSED; and Defendants' MOTION is otherwise DENIED.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MACK A. WEST JR.,

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Plaintiff,

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No. 2:11-cv-1692 JAM CKD P

v.

ORDER

RYAN PETTIGREW, et al.,

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Defendants.

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

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

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 20, 2014, the magistrate judge filed findings and recommendations herein

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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 fourteen days. Plaintiff and defendants

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have both filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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

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

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 20, 2014, are adopted in full;

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2. Defendants’ motion to dismiss (ECF No. 139) is granted in part and denied in part as

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follows:

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a. Defendants Pettigrew and Vira are dismissed from this action with prejudice;

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b. All claims against defendants Gayton, Ortega and Coyle based on events prior

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to November 20, 2008 are dismissed; and
c. Defendants’ motion is otherwise denied.
DATED: March 5, 2015

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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