Johnson v. Mitchell et al
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 7/18/12 ORDERING 210 Findings and Recommendations are ADOPTED IN FULL; Defendant Patricia Hermanson's motion to dismiss for lack of personal jurisdiction (dkt. no. 193) is GRANTED IN PART and plaintiff's claims against defendant Patricia Hermanson are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the United States District Court for the District of Minnesota.(Matson, R) [Transferred from California Eastern on 7/20/2012.]
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SHEPARD JOHNSON,
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Plaintiff,
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No. 2:10-cv-1968 GEB GGH PS
vs.
CHESTER MITCHELL, et al.,
ORDER
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Defendants.
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/
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On June 26, 2012, the magistrate judge filed findings and recommendations
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herein which contained notice that any objections to the findings and recommendations were to
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be filed within fourteen days. (Dkt. No. 210.) No objections were filed.1 Accordingly, the court
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presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th
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Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi
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Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
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Defendant Ford Hermanson filed objections to the magistrate judge’s contemporaneous
order setting a hearing on the issue of defendant Ford Hermanson’s domicile. (Dkt. No. 211.)
However, those objections were unrelated to the findings and recommendations regarding
defendant Patricia Hermanson’s motion to dismiss for lack of personal jurisdiction pending
before the undersigned.
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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 (dkt. no. 210) are ADOPTED IN FULL.
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2. Defendant Patricia Hermanson’s motion to dismiss for lack of personal
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jurisdiction (dkt. no. 193) is GRANTED IN PART and plaintiff’s claims against defendant
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Patricia Hermanson are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the United
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States District Court for the District of Minnesota.
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Dated: July 18, 2012
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GARLAND E. BURRELL, JR.
Senior United States District Judge
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