(PC) Victory v. Schwarzenegger et al, No. 1:2005cv01578 - Document 84 (E.D. Cal. 2010)
Court Description: ORDER GRANTING IN PART AND DENYING IN PART 65 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 01/28/2010. (Martin, S)
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(PC) Victory v. Schwarzenegger et al Doc. 84 1 2 3 4 5 6 7 8 U N IT ED ST A T ES D IST RICT COU RT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ANTHONY VICTORY, 12 Plaintiff, 13 14 CASE NO. 1:05-cv-01578-LJO-DLB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS v. SCHWARZENEGGER, et al., (Docs. 43, 44, 49, 65) 15 Defendants. 16 / 17 18 Plaintiff Michael Anthony Victory (“Plaintiff”) is a state prisoner proceeding pro se and 19 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On September 16, 2009, the Magistrate Judge filed a Findings and Recommendations 23 herein which was served on plaintiff and which contained notice to the parties that any objection 24 to the Findings and Recommendations was to be filed within thirty days. Neither party filed a 25 timely Objection to the Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 28 Findings and Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed September 16, 2009, is adopted in full; 3 2. Defendant Neubarth’s motion to dismiss for failure to state a claim, filed August 4 22, 2008, is GRANTED in part with regards to injunctive relief and DENIED in 5 party with regards to qualified immunity; 6 3. Defendants Ortiz, Bresler, Smith, and Barber’s motion to dismiss for failure to 7 exhaust administrative remedies, filed August 22, 2008, is GRANTED in part and 8 DENIED in part as stated in the September 16, 2009 Findings and 9 Recommendations; and 10 4. Defendants Kushner, Salazar, and Sacks’s motion to dismiss for failure to exhaust 11 administrative remedies, filed September 18, 2008, is GRANTED in part and 12 DENIED in part as stated in the September 16, 2009 Findings and 13 Recommendations. 14 15 16 IT IS SO ORDERED. Dated: b9ed48 January 28, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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