(PC) Munson v. State of California, No. 2:2009cv00478 - Document 35 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge John A. Mendez on 3/25/11 ORDERING the findings and recommendations 34 are adopted in full; Defendant's 6/9/10 motion to dismiss 29 is granted as to plaintiff's claim under the California Disabled Persons Act, plai ntiff's requests for injunctive relief under the Americans with Disabilities Act and Rehabilitation Act, and any possible claim to enforce 28 C.F.R. §§ 35.105 and 35.150; and In all other respects, defendant's motion to dismiss is denied. (Becknal, R)
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(PC) Munson v. State of California Doc. 35 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH MUNSON, 11 Plaintiff, 12 13 No. CIV S-09-0478 JAM EFB P vs. STATE OF CALIFORNIA, 14 Defendant. 15 ORDER / 16 Plaintiff, a former state prisoner proceeding through counsel, has filed this civil 17 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On January 25, 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 fourteen days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed January 25, 2011, are adopted in full; 2 2. Defendant’s June 9, 2010 motion to dismiss (Dckt. No. 29) is granted as to 3 plaintiff’s claim under the California Disabled Persons Act, plaintiff’s requests for injunctive 4 relief under the Americans with Disabilities Act and Rehabilitation Act, and any possible claim 5 to enforce 28 C.F.R. §§ 35.105 and 35.150; and 6 7 3. In all other respects, defendant’s motion to dismiss is denied. DATED: March 25, 2011 8 9 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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