Opinion
Civil Action No, 11-450
02-09-2012
DAVID L. MATHIS, Plaintiff, v. JENNIFER MANZA, et al, Defendants.
District Judge Nora Barry Fischer
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
This suit commenced with this Court's receipt of Plaintiff's motion to proceed in forma pauperis on April 4, 2011. (ECF No. 1.) The motion was granted (ECF No. 2) and Plaintiffs Complaint was filed on April 8, 2011 (ECF No. 3). On April 18, 2011, this case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(1), and Local Rules 72.C and 72.D.
Plaintiff filed an Amended Complaint (ECF No. 17) and Defendants filed a Partial Motion to Dismiss the Amended Complaint on August 18, 20 1 (ECF No. 18). On January 18, 2012, the Magistrate Judge entered a Report and Recommendation (ECF No. 26) recommending that Defendants' motion be granted and that Plaintiff's equal protection and establishment clause claims regarding the providing of religious texts and visits of religious advisers be dismissed, with prejudice. Plaintiff was served with the Report and Recommendation at his listed address and advised that he had until February 6, 2012, to file written objections. Plaintiff filed Objections to the Report and Recommendation on February 6, 2012, (ECF No. 27.) Plaintiffs Objections do not undermine the recommendation of the Magistrate Judge.
After de novo review of the pleadings and documer ts in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered.
IT IS HEREBY ORDERED that Defendants' Partial Motion to Dismiss (ECF No. 18) is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 26) dated January 18,2012, is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that this case is remanded back to the Magistrate Judge for all further pre-trial proceedings.
By the Court:
______________________
Mora Barry Fischer
United States District Judge
cc: David L. Mathis
05233-068
USP Atwater
P.O. Box 019001
Atwater, CA 95301
Counsel of Record