(PC) Benyamini v. Manjuano et al, No. 1:2006cv01096 - Document 90 (E.D. Cal. 2011)
Court Description: ORDER Adopting Findings and Recommendations 80 ; ORDER Denying Motion to Dismiss 68 , signed by Chief Judge Anthony W. Ishii on 2/9/11. (Verduzco, M)
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(PC) Benyamini v. Manjuano et al Doc. 90 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 ROBERT BENYAMINI, 7 8 9 Plaintiff, vs. MANJUANO, et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 80.) ORDER DENYING DEFENDANTS' MOTION TO DISMISS (Doc. 68.) 10 11 1:06-cv-01096-AWI-GSA-PC Defendants. _____________________________/ 12 Robert Benyamini (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 13 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 14 pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 15 On December 16, 2010, findings and recommendations were entered, recommending 16 that Defendants' Motion to Dismiss, filed on June 3, 2010, be denied. The parties were provided an 17 opportunity to file objections to the findings and recommendations within twenty days. To date, no 18 party has filed objections or otherwise responded to the findings and recommendations. In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, 19 20 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 21 court finds the findings and recommendations to be supported by the record and proper analysis. 22 Accordingly, THE COURT HEREBY ORDERS that: 23 1. 24 December 16, 2010, are adopted in full; and 25 26 The Findings and Recommendations issued by the Magistrate Judge on 2. Defendants' Motion to Dismiss, filed on June 3, 2010, is DENIED. IT IS SO ORDERED. 27 28 Dated: 0m8i78 February 9, 2011 CHIEF UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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