Johnson v. Bread, et al.

Filing 21

ORDER adopting in full 17 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 5/12/17. Plaintiff's claims against defendants Brown, Fritz, Gardner, Shaffer, Artis, Rackley, and Beard are DENIED without prejudice. Plaintiff's 20 motion to dismiss defendants Schwarzenegger and Cate is GRANTED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OSHAY JOHNSON,

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Plaintiff,

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No. 2:15-cv-2269 MCE DB P

v.

ORDER

ARNOLD SCHWARZENEGGER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action 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.
On March 28, 2017, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. After receiving an

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extension of time to file any objections, plaintiff informed the court of the following: (1) he

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moves to dismiss defendants Schwarzenegger and Cates, (2) he will file a separate action against

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defendants Brown, Fritz, Gardner, Shaffer, Artis, Rackley, and Beard, and (3) he wishes to

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proceed in this action against defendants Ledesia, Wong, Scavette, Sisto, Yates, and Shannon.

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(ECF No. 20.)

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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. In addition, the court will grant

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plaintiff’s request to dismiss defendants Schwarzenegger and Cate. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed March 28, 2017 (ECF No. 17) are adopted in
full;
2. Plaintiff’s claims against defendants Brown, Fritz, Gardner, Shaffer, Artis, Rackley,
and Beard are denied without prejudice; and
3. Plaintiff’s motion to dismiss (ECF No. 20) defendants Schwarzenegger and Cate is
granted.
IT IS SO ORDERED.
Dated: May 12, 2017

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