(PC) Akhtar v. Mesa, et al, No. 2:2009cv02733 - Document 67 (E.D. Cal. 2013)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 6/6/2013 ORDERING that the 60 Findings and Recommendations are ADOPTED IN FULL. The 55 Motion to Dismiss is DENIED. Defendants are ordered to file an answer within thirty days of the date of this order. (Zignago, K.)

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(PC) Akhtar v. Mesa, et al Doc. 67 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAVIAD AKHTAR, Plaintiff, 12 13 14 15 vs. J. MESA, et al., Defendants. ORDER / 16 17 No. 2:09-cv-02733 MCE -AC Plaintiff, a state prisoner, has filed this civil rights action seeking relief under 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 25, 2013, 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 fourteen (14) days. 23 Neither 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 April 25, 2013 (ECF No. 60.), are 2 adopted in full; 3 2. The motion to dismiss (ECF No. 55), filed on February 22, 2013, is denied; 4 and 5 3. Defendants are ordered to file an answer within thirty days of the date of this 6 order. 7 8 IT IS SO ORDERED. 9 Date: June 06, 2013 10 _____________________________________ ___________________________________________ MORRISON C. ENGLAND, JR., CHIEF JUDGE 11 UNITED STATES DISTRICT COURT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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