(PC) Hollis v. Mason et al, No. 2:2008cv01094 - Document 34 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Morrison C. England, Jr. on 09/01/09 ADOPTING 31 FINDINGS AND RECOMMENDATIONS in full; dfts' 15 Motion to Dismiss is DENIED; dfts' answer shall be filed w/i 30 days from the date of this order. (Benson, A.)

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(PC) Hollis v. Mason et al Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN GLENN HOLLIS, 11 Plaintiff, 12 vs. 13 No. CIV S-08-1094 MCE KJM P J. MASON, 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 General Order No. 262. 19 On July 31, 2009, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 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 July 31, 2009, are adopted in full; 3 2. Defendants’ motion to dismiss is denied; and 4 3. Defendants’ answer shall be filed within thirty days from the date of this order. 5 Dated: September 1, 2009 6 7 8 ________________________________ MORRISON C. ENGLAND, JR. 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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