(PC) Wright v. Clark et al, No. 1:2007cv00462 - Document 69 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 66 FINDINGS AND RECOMMENDATIONS and ORDER DENYING 58 Defendant's Motion to Dismiss, signed by Chief Judge Anthony W. Ishii on 8/22/2010. (Jessen, A)
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(PC) Wright v. Clark et al Doc. 69 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RAYMOND WRIGHT, 10 CASE NO. 1:07-cv-00462-AWI-SKO PC Plaintiff, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. ORDER DENYING MOTION TO DISMISS 12 KEN CLARK, et al., (Documents #58 & #66) 13 Defendants. / 14 15 Plaintiff Raymond Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On June 7, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Defendants’ motion to dismiss be denied. (Doc. #66.) The Findings and 20 Recommendations were served on all parties and contained notice that any objections to the Findings 21 and Recommendations were to be filed within thirty (30) days of the date on which the Findings and 22 Recommendations were served. 23 Recommendations. Neither party has filed objections to the Findings and 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 25 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 26 finds the Findings and Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, the Court HEREBY ORDERS that: 2 1. The June 7, 2010 Findings and Recommendations are ADOPTED in full; and 3 2. Defendant’s February 23, 2010 motion to dismiss is DENIED. 4 5 IT IS SO ORDERED. 6 7 Dated: 0m8i78 August 22, 2010 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2