Peck v. Naman et al
Filing
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ORDER ADOPTING 32 FINDINGS AND RECOMMENDATIONS as Modified by this order signed by District Judge Kimberly J. Mueller on 6/11/2018 GRANTING 20 Motion to Dismiss for failure to state a claim. CASE CLOSED. (Fabillaran, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHARLES ROBERT PECK, Jr.,
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No. 2:16-cv-0736 KJM KJN P
Plaintiff,
v.
ORDER
JULIE NAMAN, 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 as provided
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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On December 15, 2017, the magistrate judge filed findings and recommendations, which
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were served on all parties and which contained notice to all parties 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.
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The court presumes that any findings of fact are correct. See Orand v. United States, 602
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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed
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the file, the court finds the findings and recommendations to be supported by the record and by
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the proper analysis.
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The court writes separately to make the following changes. On page 2, line 12 of the
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findings and recommendations, ECF No. 32, the word challenges is changed to challenge. The
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text beginning on page 6, line 13, is changed to amend the case citations to read as follows: The
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Court of Appeals for the Ninth Circuit has held that California Penal Code § 2085.5, which
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requires the Director of the CDCR “to make deductions from prisoner wage and trust account
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deposits for payment of restitution obligations, is rationally related to legitimate state interests in
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compensating crime victims. Craft v. Ahuja, 475 Fed.Appx. 649, 650 (9th Cir. 2012); see also
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Abney v. Alameida, 334 F.Supp.2d 1221, 1232 (S.D.Cal. 2004) (“Plaintiff has not, and cannot,
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allege that the deduction of money to satisfy the victim restitution order is not a legitimate interest
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of the State of California.”).” The footnote reference on page 6, line 22, is moved up to follow
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the citation to Craft, supra. On page 6, line 21, the citation to Craft is changed to “See Craft,
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475 Fed.Appx. at 650.” With these changes, the findings and recommendations are adopted.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed December 15, 2017, are adopted as modified
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by this order;
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2. Defendants’ motion to dismiss (ECF No. 20) is granted; and
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3. This action is dismissed for failure to state a claim.
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DATED: June 11, 2018.
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UNITED STATES DISTRICT JUDGE
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