Mills v. Fox et al

Filing 19

ORDER signed by District Judge John A. Mendez on 3/27/2019 ADOPTED in FULL 14 Findings and Recommendations. Plaintiff's claims against defendant Fox are DISMISSED without further leave to amend for failure to state a claim; Plaintiff's c laims related to the conditions of his confinement be dismissed without further leave to amend for failure to state a claim, and this action proceeds on the original complaint on plaintiff's access to the courts claim against defendant Goodson only. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE MILLS,

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Plaintiff,

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No. 2:17-CV-0152-JAM-DMC-P

v.

ORDER

ROBERT W. FOX, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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

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Eastern District of California local rules.
On December 7, 2018, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within the time specified therein. Timely objections to the findings and

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recommendations have been filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304(f), this court has conducted a de novo review of this case. Having carefully reviewed the

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entire file, the court finds the findings and recommendations to be supported by the record and by

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proper 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 7, 2018, are adopted in

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Plaintiff’s claims against defendant Fox are dismissed without further leave

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full;

to amend for failure to state a claim;
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Plaintiff’s claims related to the conditions of his confinement be dismissed

without further leave to amend for failure to state a claim; and
4.

This action proceeds on the original complaint on plaintiff’s access to the

courts claim against defendant Goodson only.

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DATED: March 27, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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