Asberry v. Cate et al

Filing 78

ORDER signed by Judge Kimberly J. Mueller on 9/27/2012 FINDINGS AND RECOMMENDATIONS 58 are ADOPTED in FULL; and Defendant Cate and the retaliation claims against all defendants contained in the third amended complaint # 49 (docketed as the "second amended complaint") are DISMISSED. (Reader, 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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TONY ASBERRY,
Plaintiff,

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No. 2:11-cv-2462 KJM KJN P

vs.

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MATTHEW CATE, et al.,

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Defendants.

ORDER
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Plaintiff, a state prisoner proceeding without counsel, has filed this civil rights

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action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 8, 2012, 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 fourteen days. (Dkt. No. 58.) Plaintiff

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has filed objections to the findings and recommendations. (Dkt. No. 71.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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

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

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 8, 2012 are adopted in full;

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and

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2. Defendant Cate and the retaliation claims against all defendants contained in

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the third amended complaint filed June 11, 2012 (docketed as the “second amended complaint”)

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are dismissed.

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DATED: September 27, 2012.

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UNITED STATES DISTRICT JUDGE

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