(PC) Carreon v. Banke et al, No. 2:2011cv02952 - Document 24 (E.D. Cal. 2012)

Court Description: ORDER adopting 23 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge William B. Shubb on 11/20/12: Defendants' August 8, 2012 motion to dismiss for failure to exhaust administrative remedies 19 is denied. (Kaminski, H)

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(PC) Carreon v. Banke et al Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL CARREON, JR., 11 Plaintiff, 12 vs. 13 No. 2:11-cv-2952 WBS EFB P S. BANKE, 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 October 31, 2012, 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 2 1. The findings and recommendations filed October 31, 2012 are adopted in full; and 3 2. Defendants’ August 8, 2012 motion to dismiss for failure to exhaust 4 administrative remedies (Dckt. No. 19) is denied. 5 DATED: November 20, 2012 6 7 8 9 10 11 / 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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