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Tony Goodrum v. John F. Salazar

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION


January 26, 2012

TONY GOODRUM, PLAINTIFF,
v.
JOHN F. SALAZAR, WARDEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Otis D. Wright, II United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's final report and recommendation, and the objections to the report and recommendation that have been filed herein. The Court agrees with the recommendations of the magistrate judge.

ACCORDINGLY, IT IS ORDERED:

1. The final report and recommendation is adopted.

2. Defendants' motion to dismiss is granted: (a) with respect to plaintiff's claim(s) pertaining to the magazine Revolution, and dismissing such claim(s) without leave to amend but without prejudice for failure to exhaust plaintiff's administrative remedies, and (b) with respect to plaintiff's claims pertaining to the book Revolution and Communism, and dismissing such claims(s) without leave to amend and with prejudice for failure to state a claim.

3. Supplemental jurisdiction over any state law claims is declined without prejudice to plaintiff filing such claims in state court.

4. Judgment shall be entered consistent with this order.

5. The clerk shall serve this order and the judgment on all counsel or parties of record.

20120126

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