(PC) Willis v. Weeks, No. 2:2009cv00342 - Document 22 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 21 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Morrison C. England, Jr. on 7/14/2010. Defendant's 12 Motion to Dismiss is DENIED without prejudice and defendant Weeks directed to file an Answer w/in 30 days of date for this Order. (Marciel, M)
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(PC) Willis v. Weeks Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT WILLIS, Plaintiff, ORDER vs. 12 13 No. CIV S-09-0342 MCE DAD P Defendant. 11 R. WEEKS, 14 / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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. On June 18, 2010, the magistrate judge filed findings and recommendations 19 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 twenty-one days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 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 June 18, 2010, are adopted in full; 2 2. Defendant’s motion to dismiss plaintiff’s complaint as untimely (Doc. No. 12) 3 is denied without prejudice to defendant reasserting the statute of limitations defense in a motion 4 for summary judgment; and 5 6 7 3. Defendant is directed to file an answer within thirty days of the date of this order. Dated: July 14, 2010 8 ________________________________ 9 10 MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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