(PC) Yearby v. California Department of Corrections et al, No. 2:2007cv02800 - Document 100 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 9/22/2010 ORDERING that the 97 findings and recommendations filed July 21, 2010, are adopted in full. Defendant's 62 motion to dismiss plaintiff's state tort claim is DENIED. Defendant's 62 motion to dismiss plaintiff's state constitutional claim is GRANTED. Plaintiff's 82 "Request for Intervention" to obtain preliminary injunctive relief is DENIED. (Duong, D)
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(PC) Yearby v. California Department of Corrections et al Doc. 100 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARKUS TRUVELL YEARBY, Plaintiff, 11 12 13 No. 2:07-cv-2800 JAM KJN P vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 14 Defendants. ORDER 15 / 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 21, 2010, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. Neither party has 23 filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed July 21, 2010, are adopted in full. 2 2. Defendant’s motion to dismiss (Dkt. No. 62) plaintiff’s state tort claim is 3 denied. 3. Defendant’s motion to dismiss (Dkt. No. 62) plaintiff’s state constitutional 4 5 claim is granted. 4. Plaintiff’s “Request for Intervention” to obtain preliminary injunctive relief 6 7 (Dkt. No. 82) is denied. 8 DATED: September 22, 2010. /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 9 10 /year2800.jo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2