(PC) Baldwin v. California Department of Corrections and Rehabilitation et al, No. 2:2009cv00711 - Document 46 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge William B. Shubb on 12/09/09 ORDERING that the findings and recommendations filed October 23, 2009, are adopted in full; Defendants' October 16, 2009 42 request for stay of this action pending resolution of the interlocutory appeal in this matter is granted; and Defendants are granted an extension of time until fourteen (14) days following the Ninth Circuit's ruling on the interlocutory appeal to file a responsive pleading. (Becknal, R)

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(PC) Baldwin v. California Department of Corrections and Rehabilitation et al Doc. 46 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY V. BALDWIN, Plaintiff, 11 12 13 14 15 vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. ORDER / 16 17 No. CIV S-09-0711 WBS GGH P Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On October 23, 2009, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty days. Neither 23 party has filed 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 October 23, 2009, are adopted in full; 2 2. Defendants’ October 16, 2009 (docket #42) request for stay of this action 3 pending resolution of the interlocutory appeal in this matter is granted; and 4 3. Defendants are granted an extension of time until fourteen (14) days following 5 the Ninth Circuit’s ruling on the interlocutory appeal to file a responsive pleading. 6 DATED: December 9, 2009 7 8 9 10 11 12 bald0711.801-2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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