-KJN (PC) Bardo v. Subia, et al, No. 2:2009cv01645 - Document 45 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 1/3/11 ORDERING the findings and recommendations 35 are adopted in full; Defendants' motion to dismiss 23 is denied; and defendants are ordered to file an answer within 30 days of the date of this order. (Becknal, R)

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-KJN (PC) Bardo v. Subia, et al Doc. 45 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT J. BARDO, Plaintiff, ORDER vs. 12 13 No. 2: 09-cv-1645 FCD KJN P Defendants. 11 SUBIA et al., 14 / 15 Plaintiff, a state prisoner proceeding without counsel, has filed this civil rights 16 17 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 25, 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 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 October 25, 2010 are adopted in full; 2 2. Defendants’ motion to dismiss (Dkt. No. 23) is denied. 3 DATED: January 3, 2011. 4 5 6 _______________________________________ FRANK C. DAMRELL, 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

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