Barian v. United States of America

Filing 26

ORDER adopting 24 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 12/21/15: Plaintiff's Complaint 1 is hereby DISMISSED. Plaintiff is given 30 days from the date of this Order to file an Amended Complaint. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ZACHARY BARIAN,

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Plaintiff,

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No. 2:14-cv-1102 WBS CKD P

v.

ORDER

UNITED STATES OF AMERICA,

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Defendant.

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Plaintiff, a federal prisoner proceeding pro se, has filed this civil rights action seeking

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

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 25, 2015, 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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 25, 2015, are adopted in full;

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2. Defendant’s motion to dismiss for lack of subject matter jurisdiction (ECF No. 12) is

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granted;

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3. Plaintiff’s Complaint (ECF No1) is hereby DISMISSED; and

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4. Plaintiff is given 30 days from the date of this Order to file an Amended Complaint, if

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he can do consistent with the Magistrate Judge’s Order of July 1, 2014 (ECF No 6) and Findings

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and Recommendations of November 25, 2015 (ECF No. 24).

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Dated: December 21, 2015

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2/bari1102.805

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