Haraszewski v. Knipp
Filing
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ORDER signed by District Judge John A. Mendez on 6/10/19 ADOPTING the findings and recommendations filed 12/26/18 in full; GRANTING Defendant Austin's motion to dismiss (ECF No. 58 ); and DISMISSING Plaintiff's due process claim against Austin in the third amended complaint without leave to amend. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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H. DYMITRI HARASZEWSKI,
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No. 2:13-cv-2494 JAM DB P
Plaintiff,
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v.
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GARCIA, et al.,
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ORDER
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 December 26, 2018, 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 has filed
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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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed December 26, 2018 are adopted in full;
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2. Defendant Austin’s motion to dismiss (ECF No. 58) is granted; and
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3. Plaintiff’s due process claim against Austin in the third amended complaint is
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dismissed without leave to amend.
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DATED: June 10, 2019
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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