(PC) Stoltie v. Geringson et al, No. 2:2008cv02584 - Document 62 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 5/18/10 ORDERING that the FINDINGS AND RECOMMENDATIONS 57 are ADOPTED in full; Defendant Ziga's 12/10/09 MOTION TO DISMISS 38 is DENIED; and Defendant Ziga is directed to file an answer within thirty days. (Mena-Sanchez, L)

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(PC) Stoltie v. Geringson et al Doc. 62 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN JOSEPH STOLTIE, 11 Plaintiff, 12 13 No. CIV S-08-2584 GEB DAD P vs. JANETTA GERINGSON, 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 Rule 302. 19 On April 9, 2010, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Neither party has 22 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 1. The findings and recommendations filed April 9, 2010, are adopted in full; and 2 2. Defendant Ziga’s December 10, 2009 motion to dismiss be denied; and 3 3. Defendant Ziga is directed to file an answer within thirty days. 4 Dated: May 18, 2010 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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