-EFB (PC) Green v. Miranda et al, No. 2:2010cv01424 - Document 36 (E.D. Cal. 2011)

Court Description: ORDER adopting 29 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 11/21/11: Defendants' motion to dismiss is granted as to plaintiffs access to courts claim and denied as to plaintiff's eighth amendment and due process claims. (Kaminski, H)
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-EFB (PC) Green v. Miranda et al Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN GREEN, 11 12 13 Plaintiff, No. CIV S-10-1424 JAM EFB P vs. R. MIRANDA, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state 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 Rule 302. 19 On August 22, 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. 22 Defendants have filed objections to the findings and recommendations.1 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 26 1 To the extent that defendants’ objections raise arguments that were not raised before the magistrate judge, such arguments are disregarded. Defendants are permitted to raise these arguments in their motion for summary judgment. 1 Dockets.Justia.com 1 304, this court has conducted a de novo review of this case. Having carefully reviewed the 2 entire file, the court finds the findings and recommendations to be supported by the record and by 3 proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed August 22, 2011, are adopted in full; 6 7 and 2. Defendants’ motion to dismiss is granted as to plaintiff’s access to courts claim 8 and denied as to plaintiff’s eighth amendment and due process claims. 9 DATED: November 21, 2011 10 11 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2