(PC) Williams v. Sandham et al, No. 2:2005cv00164 - Document 139 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 03/31/11 ADOPTING in full 137 FINDINGS AND RECOMMENDATIONS; DENYING both 125 , 127 Motions to Dismiss both premised on plaintiffs failure to file a timely pretrial statement; Defendants are directed to file their pretrial statement no later than 30 daysfrom the date of service of this order. (Williams, D)

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(PC) Williams v. Sandham et al Doc. 139 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CURTIS J. WILLIAMS, 11 12 13 14 Plaintiff, vs. R. W. SANDHAM, et al., Defendants. 15 16 No. CIV S-05-0164 JAM EFB P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On January 19, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. 22 Defendants have filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 19, 2011, are adopted in full; 3 2. Defendants’ motions to dismiss (Dckt. Nos. 125 and 127), both premised on 4 5 plaintiff’s failure to file a timely pretrial statement, are denied; and 3. Defendants are directed to file their pretrial statement no later than 30 days 6 from the date of service of this order. 7 DATED: March 31, 2011 8 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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