(PC) Castle v. Hedgpeth et al, No. 1:2008cv01754 - Document 46 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS; ORDER Denying Defendants' 22 Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 09/05/2010. (Flores, E)
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(PC) Castle v. Hedgpeth et al Doc. 46 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SY LEE CASTLE, 10 Plaintiff, 11 12 CASE NO. 1:08-cv-01754-AWI-SKO PC ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. ORDER DENYING DEFENDANTS’ MOTION TO DIMSISS A. HEDGPETH, et al., 13 Defendants. (Documents #22 & #37) / 14 15 Plaintiff Sy Lee Castle (“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 July 1, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Defendant’s motion to dismiss be denied. (Doc. #37.) 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. No objections to the Findings and Recommendations have been 23 filed. 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 July 1, 2010 Findings and Recommendations are ADOPTED in full; 3 2. Defendant’s November 19, 2009 motion to dismiss is DENIED; and 4 3. This action is referred to the Magistrate Judge for further proceedings. 5 6 IT IS SO ORDERED. 7 8 Dated: 0m8i78 September 5, 2010 CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2