(PC) Johnson v. Bread, et al., No. 2:2015cv02269 - Document 21 (E.D. Cal. 2017)

Court Description: ORDER adopting in full 17 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 5/12/17. Plaintiff's claims against defendants Brown, Fritz, Gardner, Shaffer, Artis, Rackley, and Beard are DENIED without prejudice. Plaintiff's 20 motion to dismiss defendants Schwarzenegger and Cate is GRANTED. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSHAY JOHNSON, 12 Plaintiff, 13 14 No. 2:15-cv-2269 MCE DB P v. ORDER ARNOLD SCHWARZENEGGER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 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 plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. After receiving an 23 extension of time to file any objections, plaintiff informed the court of the following: (1) he 24 moves to dismiss defendants Schwarzenegger and Cates, (2) he will file a separate action against 25 defendants Brown, Fritz, Gardner, Shaffer, Artis, Rackley, and Beard, and (3) he wishes to 26 proceed in this action against defendants Ledesia, Wong, Scavette, Sisto, Yates, and Shannon. 27 (ECF No. 20.) 28 //// 1 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. In addition, the court will grant 3 plaintiff’s request to dismiss defendants Schwarzenegger and Cate. Accordingly, IT IS HEREBY 4 ORDERED that: 5 6 7 8 9 10 11 12 1. The findings and recommendations filed March 28, 2017 (ECF No. 17) are adopted in full; 2. Plaintiff’s claims against defendants Brown, Fritz, Gardner, Shaffer, Artis, Rackley, and Beard are denied without prejudice; and 3. Plaintiff’s motion to dismiss (ECF No. 20) defendants Schwarzenegger and Cate is granted. IT IS SO ORDERED. Dated: May 12, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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