(PC) Simmons v. CDCR et al, No. 1:2010cv00553 - Document 72 (E.D. Cal. 2015)

Court Description: ORDER Adopting Findings And Recommendations (ECF Nos. 54 , 69 ), ORDER Dismissing Defendant California Department Of Corrections And Rehabilitation, signed by District Judge Anthony W. Ishii on 9/29/2015. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER SIMMONS, Plaintiff, 12 13 14 15 Case No. 1:10-cv-00553 AWI-SAB-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF Nos. 54, 69 ) v. J. AKANNO, et al., ORDER DISMISSING DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION Defendant**. 16 17 Plaintiff is a state prisoner proceeding in a civil rights action pursuant to 42 U.S.C. § 18 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(1)(B) and Local Rule 302. 20 On September 4, 2015, findings and recommendations were entered, recommending 21 dismissal of Defendant California Department of Corrections and Rehabilitation pursuant to 22 Federal Rule of Civil Procedure 12(b)(6). The parties were provided an opportunity to file 23 objections within twenty days. To date, No objections have been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the record to be supported by the record and proper analysis. 27 28 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The findings and recommendations (Doc. No. 69) issued by the Magistrate Judge 3 on September 4, 2015, are adopted in full; 4 2. Defendant California Department of Corrections and Rehabilitation’s motion to 5 dismiss (Doc. No. 54) is GRANTED and that Defendant is dismissed with prejudice, based on 6 Plaintiff’s failure to state a claim upon which relief may be granted. 7 8 IT IS SO ORDERED. 9 Dated: September 29, 2015 SENIOR 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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