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Dixie v. Yarborough

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION


May 8, 2009

JAMES LEWIS DIXIE, PLAINTIFF,
v.
M. YARBOROUGH, ET AL., DEFENDANTS.

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the instant Petition and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation. Further, the Court has engaged in a de novo review of those portions of the Report to which Plaintiff has objected. The Court concurs with and adopts the conclusions of the Magistrate Judge.

IT IS ORDERED that a Judgment be entered 1) dismissing the instant action with prejudice as to plaintiff's official capacity claims against defendants Lane, Quinonez, Yarborough, Middleton, Pyke, Gonzalez, Williams, and Downs to the extent that plaintiff seeks monetary damages from the defendants; (2) denying defendants' Motion to Dismiss on nonexhaustion grounds; (3) granting defendants' Motion for Summary Judgment as to defendants Quinonez, Yarborough, Middleton, Pyke, Gonzalez, Williams, and Downs; and (4) denying defendants' Motion for Summary Judgment as to defendant Lane.

IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order and the Judgment of this date on plaintiff.

20090508

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