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Daniel Steve Dixon v. S. Larosa

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 22, 2011

DANIEL STEVE DIXON, PLAINTIFF,
v.
S. LAROSA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 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 August 31, 2011, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty-one days. Plaintiff filed objections to the findings and recommendations.*fn1

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 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 August 31, 2011, are adopted in full;

2. The March 8, 2011 motion to dismiss (dkt. no. 38), based on plaintiff's failure to exhaust administrative remedies, filed by defendants Knipp, White, Crosby, Martel, Thomason, Grzebyk, Texeira, Foston, Harrington and Keenan, is granted;

3. Defendant Wilkins' April 7, 2011 motion to dismiss (dkt. no. 45), based on plaintiff's failure to exhaust administrative remedies, is granted;

4. The motion to dismiss for failure to state a claim filed by defendants Foston, Knipp and Thomason is granted;

5. The motion to dismiss plaintiff's due process claims against defendants Foston, Knipp and Thomason is granted;

6. The motion to dismiss plaintiff's Eighth Amendment challenge to the September 16, 2009 cell search is granted;

7. Defendants' motion to dismiss plaintiff's claims four and five concerning defendants' failure to follow state regulations is granted;

8. Plaintiff's claim against defendant Keenan in connection with the September 16, 2009 cell search is dismissed, based on plaintiff's failure to state a cognizable civil rights claim; and

9. Defendant LaRosa is directed to file an answer within fourteen days.


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