(PC)Tompkins v. Stephens et al, No. 2:2007cv02346 - Document 40 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 03/26/10 and ORDERING that dfts' 13 Motion to Dismiss is DENIED w/o prejudice; dfts are directed to file an answer w/i 21 days. (Benson, A.)

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(PC)Tompkins v. Stephens et al Doc. 40 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN MARSHALL TOMPKINS, 11 Plaintiff, 12 vs. 13 No. CIV S-07-2346 GEB EFB P STEPHENS, et al., 14 Defendants. 15 16 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 February 25, 2010, 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 from the 22 date the findings and recommendations were served. Defendants have filed untimely objections 23 to the findings and recommendations. In an abundance of caution, the court has considered the 24 untimely objections. 25 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 25, 2010 are adopted in full; 5 2. Defendants’ August 14, 2009 motion to dismiss is denied;1 and 6 3. Defendants are directed to file an answer within twenty-one days. 7 8 So ordered. Dated: March 26, 2010 9 10 GARLAND E. BURRELL, JR. United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 The court notes that the denial is without prejudice to renewal in a motion for summary judgment. 2

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