-SKO (PC) Hernandez v. Jordan et al, No. 1:2009cv00268 - Document 38 (E.D. Cal. 2011)
Court Description: ORDER Adopting 37 Findings and Recommendations, Denying Defendant's 19 Motion to Dismiss, and Requiring Defendant to File a Response to Plaintiff's Amended Complaint Within Thirty Days, signed by District Judge Lawrence J. O'Neill on 7/25/11. (Gonzalez, R)
Download PDF
<![CDATA[
-SKO (PC) Hernandez v. Jordan et al Doc. 38 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ANGEL H. HERNANDEZ, 9 Plaintiff, 10 11 CASE NO. 1:09-cv-00268-LJO-SKO PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING DEFENDANT’S MOTION TO DISMISS, AND REQUIRING DEFENDANT TO FILE A RESPONSE TO PLAINTIFF’S AMENDED COMPLAINT WITHIN THIRTY DAYS v. CHRIS JORDAN, et al., 12 Defendants. (Docs. 19 and 37) 13 / 14 15 Plaintiff Angel H. Hernandez is a prisoner proceeding pro se and in forma pauperis in this 16 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On June 28, 2011, the Magistrate Judge addressed Defendant Costner’s motion to dismiss 19 and recommended that it be denied in its entirety. Objections were due within twenty days and 20 neither party objected. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 22 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 23 and Recommendations to be supported by the record and by proper analysis. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Court adopts the Findings and Recommendations, filed on June 28, 2011, in full; 26 2. Defendant Costner’s motion to dismiss, filed on December 16, 2010, is DENIED; 27 28 and /// 1 Dockets.Justia.com 1 3. 2 Defendant Costner shall file a response to Plaintiff’s amended complaint within thirty (30) days from the date of service of this order. 3 4 IT IS SO ORDERED. 5 Dated: b9ed48 July 25, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
