(PC) Kirk v Boyles, et al, No. 2:2009cv00686 - Document 20 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 9/7/10 ORDERING that the 16 findings and recommendations filed July 8, 2010, are adopted in full and Defendant's 13 motion to dismiss is DENIED. (Duong, D)
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(PC) Kirk v Boyles, et al Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY W. KIRK, 12 13 14 15 No. 2:09-cv-00686-MCE-KJM P Plaintiff, vs. ORDER MR. BOYLES, Defendant. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On July 8, 2010, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within forty-five days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed July 8, 2010, are adopted in full; and 2 2. Defendant’s motion to dismiss (docket no. 13) is denied. 3 Dated: September 7, 2010 4 5 6 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2