(PC) Harris v. Orrick, No. 2:2009cv01052 - Document 19 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 1/7/2010 ORDERING 17 Findings and Recommendations are adopted in full; and 12 Motion to Dismiss is denied. (Matson, R)
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(PC) Harris v. Orrick Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES HARRIS, Plaintiff, 11 12 13 14 vs. SERGEANT ORRICK, Defendant. ORDER / 15 16 No. CIV S-09-1052 FCD DAD P 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 November 5, 2009, the magistrate judge filed findings and recommendations 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 days. Defendant 22 Orrick has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 5, 2009 are adopted in 3 4 5 full; 2. Defendant’s August 17, 2009 motion to dismiss (Doc. No. 12) is denied. DATED: January 7, 2010. 6 7 8 _______________________________________ FRANK C. DAMRELL, 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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