-DAD (TEMP)(PC) Cottrell v. Wright et al, No. 2:2009cv00824 - Document 33 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS in full signed by Judge John A. Mendez on 01/27/11 and ORDERING that dfts' 26 Motion to Dismiss is DENIED; dfts shall file their answer w/i 14 days. (Benson, A.)
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-DAD (TEMP)(PC) Cottrell v. Wright et al Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL M. COTTRELL, Plaintiff, 11 vs. 12 13 No. CIV S-09-0824 JAM DAD (TEMP) P M. WRIGHT, et al., Defendants. 14 ORDER / 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 General Order No. 262. On November 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 2 1. The findings and recommendations filed November 18, 2010 are adopted in full; 3 2. Defendants’ motion to dismiss (#26) is denied; and 4 3. Defendants shall file their answer within fourteen days. 5 DATED: January 27, 2011 6 /s/ John A. Mendez 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