-KJN (PC) Jaspar v. Khoury et al, No. 2:2006cv01177 - Document 83 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 9/5/2011 FINDINGS AND RECOMMENDATIONS 77 are ADOPTED in FULL; 73 Defendant's motion to dismiss is GRANTED in PART and DENIED in PART; pltf's equitable claims for system-wide reform are DI SMISSED; dft Matthew Cate, Secretary of the CDCR, is DISMISSED from this action; this action proceeds on pltf's damages claim and his individual claim for equitable relief; and pltf is informed that any further failure to respond to an order of this court, or failure to abide by the FRCP or the Local Rules of this court, will result in dismissal of this action. (Reader, L)

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-KJN (PC) Jaspar v. Khoury et al Doc. 83 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW LEE JASPAR, 11 Plaintiff, 12 vs. 13 No. 2:06-cv-1177 GEB KJN P KHOURY, et al., 14 Defendants. 15 16 ORDER / 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 June 16, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Defendants have filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 16, 2011 are adopted in full; 3 2. Defendant’s February 11, 2011 motion to dismiss is granted in part and denied 4 in part; 5 3. Plaintiff’s equitable claims for system-wide reform are dismissed; 6 4. Defendant Matthew Cate, Secretary of the California Department of 7 8 9 10 Corrections and Rehabilitation, is dismissed from this action; 5. This action proceeds on plaintiff’s damages claim and his individual claim for equitable relief; and 6. Plaintiff is informed that any further failure to respond to an order of this court, 11 or failure to abide by the Federal Rules of Civil Procedure or the Local Rules of this court, will 12 result in dismissal of this action. 13 Dated: September 5, 2011 14 15 16 GARLAND E. BURRELL, JR. United States District Judge 17 18 19 20 21 22 23 24 25 26 2

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