-DAD (PC) Holston v. Debanca et al, No. 2:2009cv02954 - Document 39 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 3/10/11 ORDERING the findings and recommendations filed 2/11/11, are adopted in full; Defendants' 5/28/10 motion to dismiss 21 is denied; and Defendants are directed to file an answer within thirty days. (Becknal, R)
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-DAD (PC) Holston v. Debanca et al Doc. 39 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THERON KENNETH HOLSTON, Plaintiff, 11 vs. 12 13 No. CIV S-09-2954 FCD DAD P JOSEPH DeBRANCA, 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 February 11, 2011, 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 fourteen days. Neither 22 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 2 1. The findings and recommendations filed February 11, 2011, are adopted in full; 3 2. Defendants’ May 28, 2010 motion to dismiss (Doc. No. 21) is denied; and 4 3. Defendants are directed to file an answer within thirty days. 5 DATED: March 10, 2011. 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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