(PC)Hudson v. Brian et al, No. 1:2008cv00249 - Document 34 (E.D. Cal. 2010)

Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS, ORDER Denying Motion To Dismiss (Documents # 23 & 32 ), signed by Chief Judge Anthony W. Ishii on 12/2/2010. (Fahrney, E)
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(PC)Hudson v. Brian et al Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HUDSON, 12 Case No. 1:08-cv-00249 AWI JLT (PC) Plaintiff, 13 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS vs. ORDER DENYING MOTION TO DISMISS 14 TERRY BRIAN, et al., (Documents #23 & #32) 15 Defendants. 16 ________________________________/ 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 19 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 27, 2010, the Magistrate Judge filed findings and recommendations which 21 were served on all parties and contained noticed that any objections to the findings and 22 recommendations were to be filed within fourteen days. Neither party filed objections to the findings 23 and recommendations. 24 In accordance with 28 U.S.C. 636(b)(1)(B) and Local Rule 302, the Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 26 and recommendations to be supported by the record and proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The findings and recommendations of the Magistrate Judge filed September 27, 2010, are adopted in full; 4 2. Defendant Volker’s motion to dismiss, filed March 22, 2010, is denied; and 5 3. Within thirty (30) days of the date of service of this order, Defendant Volker shall file 6 7 an answer to Plaintiff’s complaint. IT IS SO ORDERED. 8 9 Dated: 0m8i78 December 2, 2010 CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2