(PC) Dent v. Silbaugh et al, No. 2:2008cv00736 - Document 50 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 1/5/2010 ORDERING that the 49 findings and recommendations filed December 2, 2009, are ADOPTED in full. Defendants' 42 May 11, 2009 motion to dismiss is GRANTED. Plaintiff's second, thi rd, and fourth claims for relief are dismissed withoutprejudice. This action shall proceed solely on the first claim for relief in plaintiff's 40 May 1, 2009 third amended complaint. Defendant Murthy shall answer the first claim in plaintiff's May 1, 2009 third amended complaint within ten days from the date of this order.(Duong, D)
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(PC) Dent v. Silbaugh et al Doc. 50 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN KEITH DENT, 11 Plaintiff, 12 13 No. 2:08-cv-0736-MCE-JFM (PC) vs. D. SILBAUGH, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On December 2, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed December 2, 2009, are adopted in full; 3 2. Defendants’ May 11, 2009 motion to dismiss is granted; 4 3. Plaintiff’s second, third, and fourth claims for relief are dismissed without 5 6 7 8 9 10 prejudice; 4. This action shall proceed solely on the first claim for relief in plaintiff’s May 1, 2009 third amended complaint; and 5. Defendant Murthy shall answer the first claim in plaintiff’s May 1, 2009 third amended complaint within ten days from the date of this order. Dated: January 5, 2010 11 ________________________________ 12 13 MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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