(PS) Burns v. Mukasey, et al, No. 2:2009cv00497 - Document 49 (E.D. Cal. 2010)
Court Description: ORDER adopting in full 40 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 2/11/10. Pltf's 44 motion for an ext of time to file objections is GRANTED. The State Dft's 13 motion to dismiss is GRANTED. The Loc al Dfts' 23 and 26 motions to dismiss are GRANTED in PART and DENIED in PART. The first, second, fourth, sixth, and tenth claims are DISMISSED. Dfts Brown, Mukasey, Sullivan, Mueller, City of Redding, Hansen, and Bosenko are DISMISSED. This action proceeds on pltf's third, fifth, seventh, eighth, and ninth claims as against dfts Kimple, Forrest, Williams, and Zufall only. (Kastilahn, A)
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(PS) Burns v. Mukasey, et al Doc. 49 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE B. BURNS, 12 Plaintiff, 13 14 No. 2:09-cv-00497-MCE-CMK v. ORDER MICHAEL MUKASEY, et al., 15 Defendants. 16 / 17 Plaintiff, who is proceeding pro se, brings this civil action alleging, among other things, 18 violation of the right to keep and bear arms under the Second Amendment. The matter was 19 referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. 20 On November 6, 2009, the Magistrate Judge filed findings and recommendations herein 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. Timely objections to the findings and recommendations have been 23 filed.1 24 /// 25 26 1 Plaintiff’s motion for an extension of time to file objections (Doc. 44) is granted. 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s motion for an extension of time to file objections (Doc. 44) is granted; 7 2. The findings and recommendations filed November 6, 2009, are adopted in full; 8 3. The State Defendant’s motion to dismiss (Doc. 13) is granted; 9 4. The Local Defendants’ motion to dismiss (Docs. 23 and 26) is granted in part and 10 denied in part; 11 5. The first, second, fourth, sixth, and tenth claims are dismissed; 12 6. Defendants Brown, Mukasey, Sullivan, Mueller, City of Redding, Hansen, and 13 14 15 16 Bosenko are dismissed; and 7. This action proceeds on plaintiff’s third, fifth, seventh, eighth, and ninth claims as against defendants Kimple, Forrest, Williams, and Zufall only. Dated: February 11, 2010 17 18 19 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 2
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