(PC) Cramer v. Horowitz et al, No. 2:2014cv01472 - Document 31 (E.D. Cal. 2016)

Court Description: ORDER signed by District Judge Troy L. Nunley on 1/15/2016 ADOPTING IN FULL 29 Findings and Recommendations; GRANTING 24 Motion to Dismiss as to the plaintiff's damages claim against the defendant in her official capacity; DENYING 24 Motion to Dismiss in all other respects. (Michel, G.)

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(PC) Cramer v. Horowitz et al Doc. 31 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LORENZO CRAMER, 12 Plaintiff, 13 14 No. 2:14-cv-1472-TLN-EFB P v. ORDER EVALYN HOROWITZ, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 22, 2015, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Defendant has filed 23 objections to the findings and recommendations. (ECF No. 30.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 22, 2015, are adopted in full; and 3 2. Defendant’s Motion to Dismiss (ECF No. 24) is GRANTED as to Plaintiff’s damages 4 claim against Defendant in her official capacity and DENIED in all other respects. 5 6 Dated: January 15, 2016 7 8 9 Troy L. Nunley United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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