Khouanmany v. United States Marshals et al

Filing 97

ORDER signed by District Judge Troy L. Nunley on 7/11/19 ADOPTING 73 Findings and Recommendations. Defendants Jones, Gaskin-Bailey, Yao, and Deppe are dismissed without prejudice. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VILAYCHITH KHOUANMANY,

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No. 2:17-cv-01326-TLN-EFB

Plaintiff,
v.

ORDER

UNITED STATES MARSHALS, et al.,

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Defendants.

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Plaintiff is a federal prisoner proceeding pro se with claims arising under Bivens v. Six

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Unknown Named Agents, 403 U.S. 388 (1971). The matter was referred to a United States

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

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On March 28, 2019, 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. (ECF No. 73.) Plaintiff

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has filed objections to the findings and recommendations (ECF No. 75) and the Sacramento

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Sheriff’s Department has filed a response thereto (ECF No. 80).

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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

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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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 28, 2019, are adopted in full; and

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2. Defendants Jones, Gaskin-Bailey, Yao, and Deppe are DISMISSED without prejudice.

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Dated: July 11, 2019

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Troy L. Nunley
United States District Judge

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