(PC) Leyva v. Moreno et al, No. 2:2008cv00076 - Document 40 (E.D. Cal. 2010)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 8/31/10, ADOPTING IN FULL 39 the findings and recommendations; and Dft's motion to dismiss is DENIED. (Kastilahn, A)
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(PC) Leyva v. Moreno 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 JOSEPH M. LEYVA, 11 Plaintiff, 12 vs. 13 No. CIV S-08-0076 LKK KJM P MORENO, et al., 14 Defendants. 15 ORDER / 16 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 General Order No. 262. 19 On June 23, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on the parties and which contained notice to the parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. Neither 22 side has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 3 4 1. The findings and recommendations filed June 23, 2010, are adopted in full; and 2. Defendant’s motion to dismiss is denied. DATED: August 31, 2010. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2