Thorns v. Shannon et al

Filing 44

ORDER adopting in full 43 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 3/27/13. Defendants' 21 Motion for Summary Judgment is GRANTED as to Plaintiff's claim that his constitutional right to equal protection under the laws was violated. Plaintiff is GRANTED leave to file an amended complaint to attempt to allege the other constitutional claims, if any, he wishes to pursue against Defendants Virga, Shannon and Baker. (Kastilahn, 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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BRUCE THORNS,
Plaintiff,

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v.

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No. 2:11-cv-01826 MCE DAD P

S. SHANNON, et al.,
Defendants.

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ORDER
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Plaintiff, a former state prisoner proceeding pro se, 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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 28, 2013, the Magistrate Judge filed findings and recommendations herein

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(ECF No. 43) which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Neither

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party has filed objections to the findings and recommendations.
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.

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The Findings and Recommendations (ECF No. 43) filed February 28,
2013, are ADOPTED IN FULL;

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2.

Defendants’ June 11, 2012, Motion for Summary Judgment (ECF No. 21)

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is GRANTED as to Plaintiff’s claim that his constitutional right to equal

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protection under the laws was violated; and

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3.

Plaintiff is GRANTED leave to file an amended complaint to attempt to

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allege the other constitutional claims, if any, he wishes to pursue against

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Defendants Virga, Shannon and Baker.

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DATED:

March 27, 2013

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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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