Ernst v. Cate, et al., No. 1:2008cv01940 - Document 51 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 47 FINDINGS and RECOMMENDATIONS signed by Judge Oliver W. Wanger on 12/19/2009. All Federal Claims are Dismissed With Prejudice. Supplemental Jurisdiction Over State Claims is Declined as the Federal Court Has no Interest in the Subject Matter or any Applicable State Law.(Bradley, A)

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Ernst v. Cate, et al. Doc. 51 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 TED KEENER ERNST, 9 Plaintiff, 10 v. 11 MATTHEW CATE, et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) 1:08-cv-01940 OWW GSA ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Document 47) 14 15 On or about July 8, 2009, Defendants Jett and Chavez moved to dismiss Plaintiff’s first 16 amended complaint pursuant to Federal Rules of Civil Procedure rule 12(b)(6). (Doc. 37.) On 17 September 4, 2009, Plaintiff filed an opposition. (Doc. 41.) On September 17, 2009, Defendants 18 replied thereto. (Docs. 42-43.) 19 On November 13, 2009, the Magistrate Judge filed Findings and Recommendations 20 which were served on all parties and contained notice that any objections to the Findings and 21 Recommendations were to be filed no later than December 16, 2009. (Doc. 47.) As of this date, 22 no party has filed objections. 23 In accordance with the provisions of Title 28 of the United States Code section 636 24 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the 25 entire file, the Court finds that the Findings and Recommendations are supported by the record 26 and proper analysis. 27 // 28 // 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The Findings and Recommendations, filed November 13, 2009, are ADOPTED IN FULL. 4 2. All federal claims are dismissed with PREJUDICE. 5 3. Supplemental jurisdiction over state claims is declined as the federal court has no 6 Interest in the subject matter or any applicable state law. 7 IT IS SO ORDERED. 8 Dated: December 19, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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