Lear v. Avila, et al.

Filing 61

ORDER signed by District Judge John A. Mendez on 5/7/2020 ADOPTING 56 Findings and Recommendations in full. All claims in the third amended complaint, other than plaintiff's ADA claim against High Desert State Prison, are DISMISSED without l eave to amend. This matter is REFERRED back to the assigned magistrate judge to initiate service of process of the ADA claim against defendant High Desert State Prison pursuant to the Court's E-Service pilot program for civil rights cases for the Eastern District of California. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODERICK WILLIAM LEAR,

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No. 2:17-cv-326-JAM-EFB P

Plaintiff,

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v.

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D. AVILA, 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 pursuant to

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

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On February 12, 2020, 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 and defendant

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High Desert State Prison, specially appearing, have filed objections to the findings and

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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 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 February 12, 2020, are adopted in full;

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2. For the reasons identified in the magistrate judge’s findings and recommendations, all

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claims in the third amended complaint, other than plaintiff’s ADA claim against High Desert

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State Prison, are dismissed without leave to amend; and

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3. This matter is referred back to the assigned magistrate judge to initiate service of

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process of the ADA claim against defendant High Desert State Prison pursuant to the Court’s E-

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Service pilot program for civil rights cases for the Eastern District of California

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DATED: May 7, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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