(PC) Dicey v. Harrison, W. R., et al., No. 2:2008cv02608 - Document 43 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS in full signed by Judge John A. Mendez on 06/17/10 and ORDERING that dfts' 18 Motion to Dismiss is DENIED. Defendants shall answer the amended complaint w/i 10 days. (Benson, A.)
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(PC) Dicey v. Harrison, W. R., et al. Doc. 43 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BERLAN LYNELL DICEY, 11 Plaintiff, 12 13 No. 2:08-cv-2608-JAM-JFM (PC) vs. W. R. HARRISON, 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 May 19, 2008, 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 fourteen days. Neither party has filed 22 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 May 19, 2010, are adopted in full; 2 2. Defendants’ September 1, 2009 motion to dismiss is denied; and 3 3. Defendants shall answer the amended complaint within ten days from the date 4 of any order by the district court adopting these findings and recommendations. 5 DATED: June 17, 2010 6 /s/ John A. Mendez 7 U. S. DISTRICT COURT 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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