(PC) Endsley v. Mayberg et al, No. 2:2009cv02311 - Document 30 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge William B. Shubb on 1/18/11 ORDERING 29 Findings and Recommendations are adopted in full; 12 Motion to Dismiss the first claim for relief is granted; This action shall proceed on the original complaint as modified by the dis missal of the claim of due process violation regarding plaintiff's transfer to Atascadero; and defendants are directed to file an answer to the modified original complaint, absent the claim regarding a violation of due process in plaintiff's transfer from Patton to Atascadero, within 28 days of the filed date of this order. (Matson, R)
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(PC) Endsley v. Mayberg et al Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARC ANTHONY LOWELL ENDSLEY, Plaintiff, 11 No. CIV S-09-2311 WBS GGH P vs. 12 STEPHEN MAYBERG, et al., 13 Defendants. ORDER 14 / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 17 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On November 22, 2010, the magistrate judge filed findings and recommendations 19 herein which were served on all parties and which contained notice to all parties that any 20 objections to the findings and recommendations were to be filed within fourteen days. Neither 21 party has filed objections to the findings and recommendations. 22 The court has reviewed the file and finds the findings and recommendations to be 23 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 24 ORDERED that: 25 ///// 26 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed November 22, 2010, are adopted in full; 3 4 2. Defendants’ motion to dismiss the first claim for relief, filed on March 22, 2010 (docket #12), from the original complaint is granted; 5 3. This action shall proceed on the original complaint, as modified by the 6 dismissal of the claim of due process violation regarding plaintiff’s transfer to Atascadero; 7 and 8 9 4. Defendants are directed to file an answer to the modified original complaint, absent the claim regarding a violation of due process in plaintiff’s transfer from Patton to 10 Atascadero, within twenty-eight days of the filed date of this order. 11 DATED: January 18, 2011 12 13 14 15 16 17 /ends2311.801 18 19 20 21 22 23 24 25 26 2
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