(PC) Dixon v. Barnes, et al., No. 2:2018cv01713 - Document 40 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 9/30/19 ADOPTING 33 Findings and Recommendations and GRANTING 25 Motion to Dismiss. Plaintiff's claims are DISMISSED with prejudice as time-barred. CASE CLOSED. (Kaminski, H)

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(PC) Dixon v. Barnes, et al. Doc. 40 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NORMAN DIXON, 12 No. 2:18-cv-1713-MCE-EFB P Plaintiff, 13 v. 14 BARNES, et al., 15 ORDER Defendants. 16 Plaintiff is a California Department of Corrections and Rehabilitation (“CDCR”) inmate 17 18 proceeding without counsel in an action brought under 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On July 30, 2019, the magistrate judge filed findings and recommendations herein which 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. ECF No. 33. Plaintiff has 24 filed objections to the findings and recommendations and defendants have filed a response 25 thereto. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having carefully reviewed the entire 28 file, the Court finds the findings and recommendations to be supported by the record and by 1 Dockets.Justia.com 1 proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed July 30, 2019 (ECF No. 33), are ADOPTED 4 IN FULL; 5 2. Defendants’ motion to dismiss (ECF No. 25) is GRANTED; 6 3. Plaintiff’s claims are DISMISSED with prejudice as time-barred; and 7 4. The Clerk is directed to CLOSE the case. 8 IT IS SO ORDERED. 9 Dated: September 30, 2019 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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