(PC) Birrell v. Banzhaf, et al., No. 2:2014cv01024 - Document 53 (E.D. Cal. 2017)
Court Description: ORDER signed by District Judge John A. Mendez on 7/14/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/28/17 47 are ADOPTED in full; and Banzhaf's MOTION to DISMISS 42 is GRANTED in part and DENIED in part, with the result that Birrell's § 1983 claims against Banzhaf is DISMISSED with prejudice. (Mena-Sanchez, L)
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(PC) Birrell v. Banzhaf, et al. Doc. 53 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BELLA-CHRISTINA BIRRELL, 12 Plaintiff, 13 14 No. 2:14-cv-1024 JAM DB v. ORDER JOYCE BANZHAF, 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. On March 28, 2017, the magistrate judge filed findings and recommendations herein 20 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. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 28, 2017, are adopted in full; and 3 2. Banzhaf’s motion to dismiss (ECF No. 42) is granted in part and denied in part, with 4 the result that Birrell’s § 1983 claims against Banzhaf is dismissed with prejudice. 5 6 Dated: July 14, 2017 7 /s/ JOHN A. MENDEZ John A. Mendez United States District Court Judge 8 9 10 /birr1024.805 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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