Humes v. State of California et al

Filing 22

ORDER signed by District Judge Troy L. Nunley on 9/10/2018 ADOPTING 7 findings and recommendations in full. All Defendants other than Defendant Becerra in his official capacity as the Attorney General of the State of California are DISMISSED. All claims other than Plaintiff's claim arising under the Due Process Clause of the Fourteenth Amendment for injunctive relief are DISMISSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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No. 2:18-cv-00244-TLN-CKD P
Plaintiff,

v.

ORDER

STATE OF CALIFORNIA, 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 pursuant to

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

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On April 13, 2018, the magistrate judge filed findings and recommendations herein which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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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 magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 13, 2018, are adopted in full;

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2. All Defendants other than Defendant Becerra in his official capacity as the Attorney

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General of the State of California are DISMISSED; and
3. All claims other than Plaintiff’s claim arising under the Due Process Clause of the
Fourteenth Amendment for injunctive relief are DISMISSED.

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Dated: September 10, 2018

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Troy L. Nunley
United States District Judge

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