Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Thomas Clinton v. R. Green

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 25, 2012

THOMAS CLINTON,
PLAINTIFF,
v.
R. GREEN, ET AL.,
DEFENDANTS.

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

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended Complaint, all the records and files herein, and the Final Report and Recommendation of the United States Magistrate Judge. The Court accepts the findings, conclusions, and recommendations of the Magistrate Judge, IT IS HEREBY ORDERED that: (1) accepting this Final Report and Recommendation;

(2) denying the motion to dismiss Plaintiff's First Amendment access to courts claim pursuant to Rule 12(b)(6) as to Defendant Marshall;

(3) denying the motion to dismiss Plaintiff's First Amendment retaliation claim pursuant to Rule 12(b)(6) as to Defendant Green;

(4) granting the motion to dismiss Plaintiff's First Amendment access to courts claim pursuant to Rule 12(b)(6) as to Defendant Green without leave to amend;

(5) granting the motion to dismiss Plaintiff's claim that Defendant Marshall interfered with Plaintiff's right of access to courts and deprived Plaintiff of his property without due process of law, as these claims relate to the loss of destruction of Plaintiff's legal materials, and dismissing those claims without leave to amend for failure to follow the Court's orders (see Fed. Rule Civ. P. 41(b); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (holding that district court may dismiss action for failure to comply with any order of the court));

(6) denying Defendants' motion to declare Plaintiff a vexatious litigant; and

(7) ordering Defendant Marshall to file an Answer to Plaintiff's access to courts claim and ordering Defendant Green to file an Answer to Plaintiff's retaliation claim within thirty days of the entry of the order accepting this Final Report and Recommendation.

Prepared by: HONORABLE OSWALD PARADA United States Magistrate Judge

20120125

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.