(PC) McCoy v. Garikaparthi et al, No. 1:2013cv01495 - Document 48 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING 47 FINDINGS AND RECOMMENDATIONS Denying 39 Motion to Dismiss signed by District Judge Dale A. Drozd on 03/02/2017.(Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAKEITH L. MCCOY, 12 Plaintiff, 13 14 No. 1:13-cv-01495-DAD-BAM v. M. GARIKAPARTHI et al., 15 Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING DEFENDANTS’ MOTION TO DISMISS (Doc. Nos. 39, 47) 16 17 Plaintiff LaKeith L. McCoy is a state prisoner proceeding pro se and in forma pauperis in 18 19 this civil rights action filed on September 16, 2013. (Doc. Nos. 1, 5.) On February 1, 2017, the 20 assigned magistrate judge issued findings and recommendations recommending that defendants’ 21 motion to dismiss be denied. (Doc. No. 47.) Those findings and recommendations were served 22 on the parties and contained notice that any objections thereto were to be filed within fourteen 23 days after service of the findings and recommendations. (Id. at 10.) No objections have been 24 filed and the time provided for doing so has now passed. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this court has conducted a 26 de novo review of the case. Having carefully reviewed the entire file, the court finds the findings 27 and recommendations to be supported by the record and by proper analysis. 28 ///// 1 1 Accordingly, 2 1. The February 1, 2017 findings and recommendations (Doc. No. 47) are adopted in 3 full; 4 2. Defendants’ motion to dismiss (Doc. No. 39) is denied; and 5 3. This action is referred back to the assigned magistrate judge for further proceedings 6 7 8 consistent with this order. IT IS SO ORDERED. Dated: March 2, 2017 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