(PC) Shannon v. Inniss-Burton

Filing 62

ORDER signed by Senior District Judge William B. Shubb on 08/30/2024 ADOPTING 61 Findings and Recommendations IN FULL, and GRANTING 50 Motion for Summary Judgment. CASE CLOSED. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL TYRONE SHANNON,

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No. 2:20-cv-02192-WBS-CKD

Plaintiff,
v.

ORDER

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CHERYL INNISS-BURTON,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, 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 July 29, 2024, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Neither party 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
supported by the record and by the magistrate judge’s analysis.1 Accordingly, IT IS HEREBY
The findings and recommendations, in recounting defendant’s arguments, note
defendant’s contention that plaintiff cannot pursue relief from defendant in her individual
capacity as a matter of law, without directly addressing this contention. (See Docket No. 61 at 2;
50-1 at 11 (citing Miranda B. v. Kitzhaber, 328 F.3d 1181, 1187-88 (9th Cir. 2003).) Because
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ORDERED that:

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1. The findings and recommendations (ECF No. 61) are adopted in full.

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2. Defendant’s motion for summary judgment (ECF No. 50) is granted.

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3. The Clerk of Court is directed to close this case.

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Dated: August 30, 2024

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12/shan2192.801.msj

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the court agrees with the magistrate judge’s recommendations that the court dismiss the ADA
claim based on lack of evidence of intentional discrimination, it need not address defendant’s
argument regarding plaintiff’s ability to bring an ADA claim against defendant in her individual
capacity.
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