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Piazza v. Cleaver

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 8, 2010

JOE PIAZZA, JR., PLAINTIFF,
v.
LANDY CLEAVER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David O. Carter United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b)(1)(C), the court has reviewed the entire record in this action, as well as the Report and Recommendation of the United States Magistrate Judge and all objections thereto. The court has made a de novo determination with respect to those portions of the Report and Recommendation as to which objection has been made.*fn1

IT IS ORDERED: (1) that the Report and Recommendation of the United States Magistrate Judge be accepted; (2) that the motion to dismiss (docket no. 44, filed June 20, 2008) be granted; (3) that Plaintiff's complaint be dismissed, without leave to amend, as to the Bivens claims against the Federal Bureau of Prisons and official capacity defendant Warden Sanders; and (4) that this action be dismissed, with prejudice, for lack of subject-matter jurisdiction, as to the Federal Bureau of Prisons and official capacity defendant Warden Sanders only.*fn2

IT IS FURTHER ORDERED that this order and the judgment herein be served on the parties.


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