(PC) Ryles v. Felker, No. 2:2008cv00615 - Document 36 (E.D. Cal. 2009)
Court Description: ORDER adopting in full 35 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 10/8/09. Dft's 26 motion to dismiss pltf's complaint is DENIED. Dft is directed to file an answer within 10 days. (Kastilahn, A)
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(PC) Ryles v. Felker Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AMOS RYLES, 11 Plaintiff, 12 vs. 13 No. CIV S-08-0615 JAM EFB P T. FELKER, 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 August 25, 2009, 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 fifteen days. Neither 22 party 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 1. The findings and recommendations filed August 25, 2009, are adopted in full; 2 2. Defendant’s November 12, 2008, motion to dismiss plaintiff’s complaint is 3 denied; and, 4 5 3. Defendant is directed to file an answer within ten days. DATED: October 8, 2009 6 7 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 8 9 / 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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