Coleman v. Davis et al

Filing 17

ORDER signed by District Judge Kimberly J. Mueller on 9/26/18 ADOPTING 15 FINDINGS AND RECOMMENDATIONS in full; The First Amendment access to the courts claim against defendants Barnes, Foulk, and Davis is dismissed without leave to amend; and This matter is referred back to the assigned Magistrate Judge for all further pretrial proceedings. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAAHDI COLEMAN,

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No. 2:15-cv-1434-KJM-EFB P

Plaintiff,

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v.

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C. DAVIS, 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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 8, 2017, the magistrate judge filed findings and recommendations, which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the

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findings and recommendations.

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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 reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by proper analysis.1

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The court notes that the case of Silva v. DiVittorio, 658 F.3d 1090 (9th Cir. 2011), cited by the
magistrate judge at page 2, line 11, has been overruled on other grounds as stated in Richey v.
Dahne, 807 F.3d 1202, 1209 n.6 (9th Cir. 2015).
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 8, 2017, are adopted in full;

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2. The First Amendment access to the courts claim against defendants Barnes, Foulk, and

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Davis is dismissed without leave to amend; and
3. This matter is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: September 26, 2018.

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UNITED STATES DISTRICT JUDGE

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