(PC) Gleason v. Voong et al

Filing 49

ORDER signed by Senior Judge William B. Shubb on 11/18/2020 ADOPTING in full 38 Findings and Recommendations. Defendants' 26 motion to dismiss is GRANTED; and the following claims are dismissed: a. Plaintiff's First Amendment claims for interference with mail against defendants Justin, Lee, Moss, Myers, and Williams; b. Plaintiff's retaliation claims against defendants Justin, Myers, Moss and Williams; and c. Plaintiff's claims against Williams, Myers, Moss, and Justin for violating his right to procedural due process under the Fourteenth Amendment. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS LEE GLEASON, Jr.,

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No. 2:19-cv-621-WBS-JDP (PC)

Plaintiff,
v.

ORDER

M. VOONG, 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.

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On September 25, 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. Neither party has filed

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objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed September 25, 2020, are adopted in full;

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2. Defendants’ motion to dismiss (ECF No. 26) is granted; and
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3. The following claims are dismissed:
a. Plaintiff’s First Amendment claims for interference with mail against

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defendants Justin, Lee, Moss, Myers, and Williams;
b. Plaintiff’s retaliation claims against defendants Justin, Myers, Moss and

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Williams; and
c. Plaintiff’s claims against Williams, Myers, Moss, and Justin for violating his

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right to procedural due process under the Fourteenth Amendment.

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Dated: November 18, 2020

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