(PC) Shields v. Cannon et al, No. 2:2011cv03185 - Document 49 (E.D. Cal. 2013)
Court Description: ORDER adopting 45 FINDINGS AND RECOMMENDATIONS in full and granting in part and denying in part 41 Motion to Dismiss signed by Judge John A. Mendez on 12/18/13. (Kaminski, H)
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(PC) Shields v. Cannon et al Doc. 49 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL ANDREW SHIELDS, 12 13 14 No. 2:11-cv-3185 JAM AC P Plaintiff, v. ORDER KELLY L. CANNON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 18, 2013, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations (ECF No. 46) and defendants have filed a 24 response thereto (ECF No. 47). Plaintiff replied to defendants’ response (ECF. No. 48). 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 18, 2013, are adopted in full; 3 2. At plaintiff’s request, his equal protection claim is dismissed without prejudice; 4 5 and 3. Defendants’ motion to dismiss (ECF No. 41) is granted in part and denied in part 6 as follows: granted as to defendants Cannon and Maness; granted as to plaintiff’s claim 7 against defendant Jones in his individual capacity; denied as to plaintiff’s claim against 8 defendant Padilla in his individual capacity, and denied as to defendants Padilla and Jones 9 in their official capacity. 10 DATED: December 18, 2013 11 /s/ John A. Mendez________________________ 12 UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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