(PC) Morgan v. CA Dept of Corrections and Rehabilitation, et al.,, No. 2:2009cv02155 - Document 24 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 12/21/10 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/09/10 23 are ADOPTED in full; Defendants' MOTION to DISMISS 18 is DENIED as to Plantiff's Request for money damages; Defendants' MOTION to DISMISS 18 is GRANTED as to Plaintiff's Request for equitable relief. Within twenty days of the date of this order defendants shall answer the complaint.(Mena-Sanchez, L)
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(PC) Morgan v. CA Dept of Corrections and Rehabilitation, et al., Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE MORGAN, Plaintiff, 11 vs. 12 13 No. 2: 09-cv-2155 WBS KJN P JOHN W. HAVILAND, et al., Defendants. 14 ORDER / 15 Plaintiff is a state prisoner proceeding without counsel with an action brought 16 17 pursuant to Title II of the Americans with Disabilities Act. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 9, 2010, the magistrate judge filed findings and recommendations 19 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 Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 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 2 1. The findings and recommendations filed November 9, 2010 are adopted in full; 3 4 2. Defendants’ motion to dismiss (Dkt. No. 18) is denied as to plaintiff’s request for money damages; 5 6 3. Defendants’ motion to dismiss (Dkt. 18) is granted as to plaintiff’s request for equitable relief; 7 4. Within twenty days of the date of this order defendants shall answer the 8 complaint. 9 DATED: December 21, 2010 10 11 12 13 14 15 16 mor2155.jo 17 18 19 20 21 22 23 24 25 26 2