(PC) Bjorlin v. Hubbard et al, No. 2:2009cv01793 - Document 39 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 5/7/10 ADOPTING 17 FINDINGS AND RECOMMENDATIONS. To the extent plaintiff makes claims of discrimination and violation of his rights under the Equal Protection Clause of the Fourteenth Amendment by any prison policy of integrated housing for sensitive needs yards inmates against any defendants, those claims are dismissed and the California Department of Corrections and Rehabilitation and High Desert State Prison, Warden Felker and Warden McDonald, as well, are DISMISSED as defendants in this action.(Dillon, M)
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(PC) Bjorlin v. Hubbard et al Doc. 39 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL P. BJORLIN, 11 Plaintiff, 12 13 No. CIV S-09-1793 GEB GGH P vs. T. HUBBARD, 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 February 4, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within twenty-one days. Plaintiff has not 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 2 1. The findings and recommendations filed February 4, 2010, are adopted in full; and 3 2. To the extent plaintiff makes claims of discrimination and violation of his 4 rights under the Equal Protection Clause of the Fourteenth Amendment by any prison policy of 5 integrated housing for sensitive needs yards inmates against any defendants, those claims are 6 dismissed and the California Department of Corrections and Rehabilitation and High Desert State 7 Prison, Warden Felker and Warden McDonald, as well, are dismissed as defendants in this 8 action. 9 Dated: May 7, 2010 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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