(PC) Guevara v. Ralls et al, No. 2:2009cv01132 - Document 67 (E.D. Cal. 2010)
Court Description: ORDER adopting 54 FINDINGS AND RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 5/27/2010: The motion to dismiss is denied; and defendant McCarvel shall answer the complaint w/in 60 days of the date of this order.(Matson, R)
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(PC) Guevara v. Ralls et al Doc. 67 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AMILCAR GUEVARA, Plaintiff, 11 12 vs. 13 No. 2:09-cv-1132-FCD-KJN-P A. RALLS, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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. On April 29, 2010, the magistrate judge filed findings and recommendations 19 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-one days. 22 Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 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 29, 2010, are adopted in full; 2 2. The motion to dismiss (Dkt. No. 35) filed February 17, 2010, is denied; and 3 3. Defendant McCarvel shall answer the complaint within 60 days of the date of 4 this order. 5 DATED: May 27, 2010. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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