(PC) Finley v. Gonzalez et al, No. 1:2008cv00075 - Document 61 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 58 FINDINGS AND RECOMMENDATIONS IN FULL and DENYING 36 Defendants' Motion to Dismiss, signed by District Judge Lawrence J. O'Neill on 11/13/2009. (Jessen, A)
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(PC) Finley v. Gonzalez et al Doc. 61 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 JOWELL FINLEY, 5 Plaintiff, 6 7 CASE NO. 1:08-cv-00075-LJO-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANTS’ MOTION TO DISMISS v. T. GONZALES, III, et al., 8 (Docs. 36, 58) Defendants. / 9 10 Plaintiff Jowell Finley (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 11 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 12 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 13 On August 20, 2009, the Magistrate Judge filed a Findings and Recommendations herein 14 which was served on the parties and which contained notice that any objection to the Findings and 15 Recommendations was to be filed within thirty days. More than thirty days have passed, and no 16 objections were filed. 17 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 18 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 19 and Recommendations to be supported by the record and by proper analysis. 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. The Findings and Recommendations, filed August 20, 2009, is adopted in full; and 22 2. Defendants’ motion to dismiss, filed on May 20, 2009, is denied. 23 IT IS SO ORDERED. 24 Dated: b9ed48 November 13, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 25 26 27 28 1 Dockets.Justia.com
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