(PS)Clark v. Allison et al

Filing 20

ORDER signed by Chief District Judge Kimberly J. Mueller on 03/27/24 ADOPTING 17 Findings and Recommendations in full, GRANTING 13 Motion to Dismiss, and DISMISSING Plaintiff's Fourteenth Amendment due process and state law negligence claims, without leave to amend. This action proceed on plaintiff's Eighth Amendment failure to protect claim. This action is REFERRED back to the assigned magistrate for all further pretrial proceedings. (Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Michael Clark,

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Case No. 2:22-cv-00190-KJM-JDP (PS)
Plaintiff,

v.

ORDER

Kathleen Allison, et al.,
Defendants.

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On February 14, 2024, the magistrate judge filed findings and recommendations, which

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

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recommendations were to be filed within fourteen days. Plaintiff filed objections on February 22,

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2024, and they were considered by the undersigned.

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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 reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed February 14, 2024, are adopted;

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2. Defendants’ motion to dismiss, ECF No. 13, is granted;

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3. Plaintiff’s Fourteenth Amendment due process and state law negligence claims are

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dismissed without leave to amend;
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4. This action proceed on plaintiff’s Eighth Amendment failure to protect claim; and

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5. This action is referred back to the assigned magistrate for all further pretrial

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proceedings.

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DATED: March 27, 2024.

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