(PC)Montanez v. Gonzalez et al, No. 1:2010cv01931 - Document 57 (E.D. Cal. 2012)

Court Description: ORDER signed by District Judge Anthony W. Ishii on 12/5/2012 adopting 56 FINDINGS AND RECOMMENDATIONS; denying 41 Motion to Dismiss; denying 51 Motion for Sanctions and striking 52 Counter Motion. (Lundstrom, T)

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(PC)Montanez v. Gonzalez et al Doc. 57 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 PAUL MONTANEZ, 10 11 12 13 CASE NO. 1:10-cv-01931-AWI-BAM PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANT’S MOTION TO DISMISS; DENYING PLAINTIFF’S MOTION FOR SANCTIONS; AND STRIKING PLAINTIFF’S COUNTER MOTION v. F. GONZALEZ, et al., Defendants. 14 (Doc. Nos. 41, 51, 52, 56) 15 THIRTY-DAY DEADLINE / 16 17 Plaintiff Paul Montanez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 22, 2012, the Magistrate Judge filed a Findings and Recommendations which 21 was served on the parties and which contained notice that any objection to the Findings and 22 Recommendations was to be filed within thirty days. More than thirty days have passed and on 23 objection to the Findings and Recommendations has been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 26 and Recommendations to be supported by the record and by proper analysis. 27 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed October 22, 2012, is adopted in full; 3 2. Defendant’s Motion to Dismiss (Doc. 41), filed June 11, 2012, is DENIED; 4 3. Plaintiff’s Motion for Sanctions (Doc. 51), filed September 4, 2012, is DENIED; 5 4. Plaintiff’s Counter Motion (Doc. 52), filed September 4, 2012, is STRICKEN FROM 6 7 THE RECORD; and 5. 8 9 Within thirty days from the date of service of this Order, Defendant shall file an answer to the second amended complaint. IT IS SO ORDERED. 10 11 Dated: 0m8i78 December 5, 2012 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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