Fernandez v. California Department of Correction & Rehabilitation

Full title: BRANDON ALEXANDER FERNANDEZ, Plaintiff, v. CALIFORNIA DEPARTMENT OF…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 3, 2013

2:11-cv-1125 MCD JFM P (E.D. Cal. Sep. 3, 2013)

Opinion

BRANDON ALEXANDER FERNANDEZ, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTION & REHABILITATION, et al., Defendants. No. 2:11-cv-1125 MCD JFM P United States District Court, E.D. California. September 3, 2013

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On July 31, 2013, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the findings and recommendations, and defendants filed a response thereto.

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed July 31, 2013 (ECF No. 45) are adopted in full;

         2. Defendants Barnes and Cate's motion to dismiss (ECF No. 37) is granted;

         3. Defendants Barnes and Cate are dismissed from this action with prejudice; and

         4. Defendants Does 1-25 are dismissed from this action without prejudice.