Johnson v. Cate

Full title: GARRISON S. JOHNSON, Plaintiff, v. MATTHEW CATE, et al., Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 3, 2012

1:10-cv-2348-LJO-MJS (PC) (E.D. Cal. Jul. 3, 2012)

Opinion

1:10-cv-2348-LJO-MJS (PC) ECF No. 11

07-03-2012

GARRISON S. JOHNSON, Plaintiff, v. MATTHEW CATE, et al., Defendants.

Lawrence J. O'Neill

ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS

Plaintiff Garrison S. Johnson ("Plaintiff") is a prisoner proceeding pro se in a civil rights action pursuant to 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 June 4, 2012, the Magistrate Judge filed a Findings and Recommendations, recommending dismissal of certain of Plaintiff's claims and Defendants. (ECF No. 11.) Plaintiff has failed to file objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, 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 June 4, 2012, are adopted in full;
2. Plaintiff be allowed to proceed on his Fourteenth Amendment equal protection claim against Defendant Doran;
3. Plaintiff's claims against Defendants Warden Harrington, Warden Biter, and Associate Warden Lawless be dismissed with prejudice; and
4. Defendants Warden Harrington, Warden Biter, and Associate Warden Lawless be dismissed from this action.

IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE