(PC) Johnson v. Dovey et al, No. 1:2008cv00640 - Document 68 (E.D. Cal. 2010)
Court Description: ORDER adopting 58 FINDINGS AND RECOMMENDATIONS and denying 41 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 6/9/2010. (Lundstrom, T)
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(PC) Johnson v. Dovey et al Doc. 68 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 GARRISON S. JOHNSON, 5 CASE NO. 1:08-cv-00640-LJO-DLB PC Plaintiff, 6 v. 7 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANTS’ MOTION TO DISMISS DOVEY, et al., 8 (Docs. 41, 58) Defendants. / 9 10 Plaintiff Garrison S. Johnson (“plaintiff”) is a California state prisoner proceeding pro se in 11 this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants 12 A. Dunnahoe, V. Ybarra, G. Ybarra, S. Cunningham, Powell, Curliss, Velasquez, Medrano, Holguin, 13 and J. Gonzalez. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 14 § 636(b)(1)(B) and Local Rule 302. 15 On May 14, 2010, the Magistrate Judge filed a Findings and Recommendations herein which 16 was served on the parties and which contained notice to the parties that any objection to the Findings 17 and Recommendations was to be filed within thirty days. Neither party filed an Objection to the 18 Findings and Recommendations. 19 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 20 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 21 Recommendations to be supported by the record and by proper analysis. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The Findings and Recommendations, filed May 14, 2010, is adopted in full; and 24 2. Defendants’ motion to dismiss, filed November 6, 2009, is DENIED. 25 IT IS SO ORDERED. 26 Dated: b9ed48 June 9, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 27 28 1 Dockets.Justia.com
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