Dearwester v. Sacramento County Sheriff's Department

Filing 34

ORDER signed by Chief Judge Morrison C. England, Jr. on 7/17/2015 ORDERING that the 32 findings and recommendations are ADOPTED in full. Defendant's 20 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Defendant is directed to file, within thirty (30) days of the date this Order is electronically filed, an answer to Plaintiff's First Amendment claim for damages based on the postcard-only mail policy at the Sacramento County Main Jail. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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No. 2:13-cv-02064-MCE-DAD P

Plaintiff,
v.

ORDER

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT,
Defendant.

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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. On June 12, 2015, the magistrate judge filed

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Findings and Recommendations herein (ECF No. 32), which were served on all parties and which

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contained notice that any objections to the Findings and Recommendations were to be filed

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within fourteen days. On July 7, 2015, Plaintiff filed objections to the Findings and

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Recommendations. ECF No. 33.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the

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

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including Plaintiff’s objections, the Court finds the Findings and Recommendations to be

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supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed June 12, 2015 (ECF No. 32) are ADOPTED

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IN FULL;
2. Defendant’s Motion to Dismiss (ECF No. 20) is GRANTED in part and DENIED in
part. Specifically:
a. Defendant’s Motion is GRANTED as to the claims Plaintiff attempts to assert
on behalf of third parties;

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b. Defendant’s Motion is DENIED as to Plaintiff’s First Amendment claim;

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c. Defendant’s Motion is GRANTED as to Plaintiff’s request for injunctive relief.

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3. Defendant is directed to file, within thirty (30) days of the date this Order is

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electronically filed, an answer to Plaintiff’s First Amendment claim for damages based on the

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postcard-only mail policy at the Sacramento County Main Jail.

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IT IS SO ORDERED.
Dated: July 17, 2015

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