Dearwester v. Sacramento County Sheriff's Department et al

Filing 31

ORDER adopting in full 30 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 8/31/15. Defendants' Motion to Dismiss 21 is GRANTED as to Plaintiff's Religious Land Use Institutionalized Persons Act claims and DENIED as to Plaintiff's First Amendment claims. Defendants shall file an answer to Plaintiff's First Amendment claims for damages based on their denial of his kosher diet at the Sacramento County Main Jail within 30 days of the date that this Order is electronically filed. (Kastilahn, A)

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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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Plaintiff,

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No. 2:13-cv-02066-MCE-DAD P

v.

ORDER

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT et al.,
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.
On July 23, 2015, the magistrate judge filed Findings and Recommendations herein (ECF

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No. 30), which were served on all parties and which contained notice that any objections to the

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Findings and Recommendations were to be filed within fourteen days. Neither party has filed

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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. The Findings and Recommendations filed July 23, 2015 (ECF No. 30) are ADOPTED
IN FULL;

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2. Defendants’ Motion to Dismiss (ECF No. 21) is GRANTED as to Plaintiff’s Religious

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Land Use Institutionalized Persons Act claims and DENIED as to Plaintiff’s First Amendment

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claims.

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3. Defendants shall file an answer to Plaintiff’s First Amendment claims for damages

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based on their denial of his kosher diet at the Sacramento County Main Jail within thirty (30) days

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of the date that this Order is electronically filed.

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IT IS SO ORDERED.
Dated: August 31, 2015

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