Eswaran v. Newsom

Summary

The United States District Court for the Eastern District of California adopts the magistrate judge’s findings and recommendations in full. Plaintiff may proceed only on a First Amendment censorship claim against Defendant Fredrick Radcliffe; all remaining claims are dismissed without leave to amend, and the matter is referred back to the magistrate judge for further pretrial proceedings.

Holdings

1. The district court presumes the magistrate judge's findings of fact are correct and reviews the magistrate judge's conclusions of law de novo.
2. Plaintiff may proceed with the Second Amended Complaint's First Amendment censorship claim against Defendant Fredrick Radcliffe only.
3. Plaintiff's remaining claims are dismissed without leave to amend.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted after review of Plaintiff's timely objections.
2. Which claims in Plaintiff's Second Amended Complaint may proceed.

Disposition

other