-CKD (PC) Barker v. Hubbard et al, No. 2:2008cv01160 - Document 118 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge William B. Shubb on 12/22/11 ORDERING that the findings and recommendations filed 11/1/11, are adopted in full; Defendants' motion to dismiss 91 is granted; Plaintiff's claims arising under California law claims thre e and four in his second amended complaint are dismissed without prejudice; and Plaintiff is given 14 days from the date of this order to file a third amended complaint consistent with this order. If plaintiff elects not to file another amended complaint, the action shall proceed on the remaining claims. (Becknal, R)
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-CKD (PC) Barker v. Hubbard et al Doc. 118 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BARKER, Plaintiff, 11 12 13 14 vs. SUSAN L. HUBBARD, et al., Defendants. ORDER / 15 16 No. CIV S-08-1160 WBS CKD P Plaintiff, a California 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 General Order No. 262. 19 On November 1, 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 Plaintiff has 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 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 1, 2011, are adopted in 3 full; 4 2. Defendants’ motion to dismiss (Docket No. 91) is granted; 5 3. Plaintiff’s claims arising under California law – claims three and four in his 6 second amended complaint – are dismissed without prejudice; and 7 4. Plaintiff is given 14 days from the date of this order to file a third amended 8 complaint consistent with this order. If plaintiff elects not to file another amended complaint, 9 the action shall proceed on the remaining claims. 10 DATED: December 22, 2011 11 12 13 14 15 16 /bark1160.805 17 18 19 20 21 22 23 24 25 26 2