-BAM (PC) Shepard v. Bass et al, No. 1:2010cv00754 - Document 41 (E.D. Cal. 2012)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DISMISSING Plaintiff's Official Capacity Claims and Claims for Declaratory Relief 36 , signed by District Judge Lawrence J. O'Neill on 1/6/12: Defendants' Motion to Dismiss is GRANTED; Plaintiff's official capacity claims and claims for declaratory relief are DISMISSED with prejudice; and This action shall proceed against Defendants Miranda and Bass, in their official capacities, for monetary damages. (Hellings, J)

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-BAM (PC) Shepard v. Bass et al Doc. 41 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 LAMONT SHEPARD, CASE NO. 1:10-cv-00754-LJO-BAM PC 8 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING PLAINTIFF’S OFFICIAL CAPACITY CLAIMS AND CLAIMS FOR DECLARATORY RELIEF 9 v. 10 BASS, et al., 11 (ECF No. 36) Defendants. 12 / 13 Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma 14 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 15 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On November 8, 2011, the Magistrate Judge filed a Findings and Recommendations herein 17 which was served on the parties and which contained notice to the parties that any objection to the 18 Findings and Recommendations was to be filed within thirty days. More than thirty days has passed 19 and no objections have been filed. 20 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 21 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 22 and Recommendations to be supported by the record and by proper analysis. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. The Findings and Recommendations, filed November 8, 2011, is adopted in full; and 2. Defendants’ Motion to Dismiss is GRANTED; 3. Plaintiff’s official capacity claims and claims for declaratory relief are DISMISSED, 25 26 27 with prejudice; and 28 1 Dockets.Justia.com 1 4. 2 capacities, for monetary damages. 3 4 This action shall proceed against Defendants Miranda and Bass, in their official IT IS SO ORDERED. Dated: b9ed48 January 6, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 5 6 7 8 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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