-KJN (PC) Chappell v. Perez et al, No. 2:2009cv01465 - Document 47 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 7/7/11 ADOPTING 46 FINDINGS AND RECOMMENDATIONS in full and GRANTING 41 Motion to Dismiss as to plaintiff's claims brought pursuant to the California Government Code and California Constitution. Defendants are ORDERED to file an answer to plaintiff's 21 Amended Complaint within 20 days from the date of this Order. (Meuleman, A)
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-KJN (PC) Chappell v. Perez et al Doc. 47 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REX CHAPPELL, 11 Plaintiff, 12 vs. 13 No. 2:09-cv-1465-GEB-KJN-P T. PERREZ, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On June 8, 2011, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Neither party has 22 filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 //// 1 Dockets.Justia.com 1 1. The findings and recommendations filed June 8, 2011, are adopted in full. 2 2. Plaintiff’s state law claims brought pursuant to the California Penal Code and 3 Title 15 are dismissed because these laws and regulations do not authorize private causes of 4 action; 5 6 7 3. Defendants’ motion to dismiss (dkt. no. 41) is granted as to plaintiff’s claims brought pursuant to the California Government Code and California Constitution; and 4. Defendants are ordered to file an answer to plaintiff’s amended complaint 8 within 20 days from the date of this order. 9 Dated: July 7, 2011 10 11 12 GARLAND E. BURRELL, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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