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Guy v. Mims

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 3, 2013
Case No. 1:11-cv-00721 AWI-DLB PC (E.D. Cal. Dec. 3, 2013)

Opinion

Case No. 1:11-cv-00721 AWI-DLB PC

12-03-2013

PATRICK EDWARD GUY, Plaintiff, v. MARGARET MIMS, et al., Defendants.


ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

CERTAIN CLAIMS AND DEFENDANTS


(Document 16)

Plaintiff Patrick Edward Guy ("Plaintiff") is an inmate in the custody of the Fresno County Jail. Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed on May 5, 2011. On February 25, 2013, Plaintiff filed his Second Amended Complaint. 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 October 18, 2013, the Magistrate Judge issued Findings and Recommendations that this action proceed against Defendants Ashmore, LeFors and Kurtze for violations of the free exercise clause of the First Amendment and violation of RLUIPA. The Court further recommended that Defendant Mims be dismissed. The Findings and Recommendations were served on Plaintiff and contained notice that any objections were to be filed within thirty days. Over thirty days have passed and Plaintiff has not filed objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed October 18, 2013, are ADOPTED in full;
2. This action SHALL proceed on Plaintiff's Second Amended Complaint against Defendants Ashmore, LeFors and Kurtze for violations of the free exercise clause of the First Amendment and violation of RLUIPA; and
3. Defendant Mims IS DISMISSED from this action.
IT IS SO ORDERED.

____________________________

SENIOR DISTRICT JUDGE


Summaries of

Guy v. Mims

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 3, 2013
Case No. 1:11-cv-00721 AWI-DLB PC (E.D. Cal. Dec. 3, 2013)
Case details for

Guy v. Mims

Case Details

Full title:PATRICK EDWARD GUY, Plaintiff, v. MARGARET MIMS, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Dec 3, 2013

Citations

Case No. 1:11-cv-00721 AWI-DLB PC (E.D. Cal. Dec. 3, 2013)