Elias v. Kinross et al

Filing 23

ORDER signed by Senior Judge William B. Shubb on 4/2/2019 ADOPTING 20 Findings and Recommendations in full. This case will proceed only on the First Amendment free exercise claim against defendants CO Kinross, Lt. Gilliam, and Lt. Appleberry, and the RLUIPA claim against Warden Fox. All other claims and defendants are DISMISSED with prejudice. H. Liu and M. Voong terminated. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEIRON M. ELIAS,

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Plaintiff,

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No. 2:17-cv-2106 WBS DB P

v.

ORDER

J. KINROSS, et al.,

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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.
On February 5, 2019, 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. Plaintiff has filed

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objections to the findings and recommendations.
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 5, 2019, are adopted in full; and

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2. This case will proceed only on the First Amendment free exercise claim against

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defendants CO Kinross, Lt. Gilliam, and Lt. Appleberry, and the RLUIPA claim against Warden

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Fox. All other claims and defendants are dismissed with prejudice.

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Dated: April 2, 2019

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/elia2106.804

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