(PC) Kitchen v. Hendricks et al, No. 2:2006cv00649 - Document 55 (E.D. Cal. 2008)

Court Description: ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 2/5/08 and DENYING 35 Motion to Dismiss. (Dillon, M)

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(PC) Kitchen v. Hendricks et al Doc. 55 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS KITCHEN, 12 Plaintiff, 13 14 2:06-cv-0649-GEB-CMK-P vs. ORDER JOANNE HENDRICKS, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. 20 On December 28, 2007, the magistrate judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that any objections to the 22 findings and recommendations were to be filed within 20 days. No objections to the findings and 23 recommendations have been filed. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge's analysis. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed 12/28/2007,are adoptedin full; and [date], are adopted in full 3 2. Defendant Hambly’s motion to dismiss (Doc. 35) is denied. 4 Dated: February 5, 2008 5 6 7 GARLAND E. BURRELL, JR. United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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