(PC) Johnson v. Subia, et al, No. 2:2007cv02002 - Document 60 (E.D. Cal. 2010)

Court Description: ORDER signed by District Judge Philip M. Pro on 11/3/2010 FINDINGS AND RECOMMENDATIONS 45 is AFFIRMED; Defendants' 41 Motion to Dismiss the retaliation claim against Dft Campbell based on allegations that Campbell prevented pltf from filing an administrative grievance be GRANTED. IT IS FURTHER ORDERED that the Motion to Dismiss claim against dft Heise based on allegations that Heise destroyed pltf's grievance is DENIED. (Reader, L)
Download PDF
(PC) Johnson v. Subia, et al Doc. 60 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 -oOo- 7 8 DAVID B. JOHNSON, Plaintiff, 9 10 vs. 11 R.J. SUBIA, et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) ) 2:07-CV-02002-PMP-GWF ORDER Before the Court for consideration is Defendants R.L. Heise, Jr., and C. 14 15 Campbell’s Motion to Dismiss (Doc. #41), filed on November 24, 2009. On 16 September 22, 2010, the Honorable George Foley, Jr., United States Magistrate 17 Judge, entered a Report of Findings and Recommendations (Doc. #45) 18 recommending that Defendants R.L. Heise, Jr., and C. Campbell’s Motion to Dismiss 19 (Doc. #41) should be granted in part and denied in part. On October 11, 2010, 20 Defendants filed their Objections (Doc. #48). The Court has conducted a de novo review of the record in this case in 21 22 accordance with 28 U.S.C.§ 636(b)(1) and determines that Magistrate Judge Foley’s 23 Report of Findings and Recommendation should be Affirmed. 24 /// 25 /// 26 /// Dockets.Justia.com 1 2 3 IT IS THEREFORE ORDERED that Magistrate Judge Foley’s Report of Findings and Recommendation (Doc. #45) is Affirmed. IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (Doc. 4 #41) the retaliation claim against Defendant Campbell based on allegations that 5 Campbell prevented Plaintiff from filing an administrative grievance be GRANTED. 6 IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. #41) 7 claim against Defendant Heise based on allegations that Heise destroyed Plaintiff’s 8 grievance is DENIED. 9 10 DATED: November 3, 2010. 11 12 PHILIP M. PRO United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2