(PC) Barker v. California Department of Corrections and Rehabilitation, et al., No. 2:2013cv01793 - Document 24 (E.D. Cal. 2015)
Court Description: ORDER signed by Judge Kimberly J. Mueller on 9/15/15 adopting 22 FINDINGS AND RECOMMENDATIONS: Plaintiff's claim against defendant Mark Green in his official capacity is dismissed with prejudice. Defendants' motion to dismiss 19 is otherwise denied. Defendants are directed to file an answer to the remaining claims within twenty days of the date of this order. (Kaminski, H)
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(PC) Barker v. California Department of Corrections and Rehabilitation, et al. Doc. 24 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM BARKER, 12 Plaintiff, 13 14 15 No. 2:13-cv-1793 KJM KJN P v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 19 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 25, 2015, the magistrate judge filed findings and recommendations, which 21 22 were served on all parties and which contained notice to all parties that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 24 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 25 26 this court has conducted a de novo review of this case. Having carefully reviewed the file, the 27 ///// 28 ///// 1 Dockets.Justia.com 1 court finds the findings and recommendations to be supported by the record and by proper 2 analysis.1 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 25, 2015 (ECF No. 22) are 5 adopted in full; 6 2. Plaintiff’s claims under California Unruh Civil Rights Act, Cal. Civ. Code 7 §§ 51 et seq. and the California Disabled Persons Act, Cal. Civ. Code §§ 54.1 et seq., are 8 dismissed with prejudice; 9 10 3. Plaintiff’s claim under 42 U.S.C. § 1983 against defendant Mark Green in his official capacity is dismissed with prejudice; 11 4. Defendants’ motion to dismiss (ECF No. 19) is otherwise denied; and 12 5. Defendants are directed to file an answer to the remaining claims within twenty 13 days of the date of this order. 14 DATED: September 15, 2015. 15 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 1 The court corrects a typographical error at page 6, line 1 of the findings and recommendations to reflect that the Norsworthy decision will be published in F.Supp.3d. 2
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