-JFM (PC) Alcala v. Martel, No. 2:2009cv03407 - Document 46 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 44 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Frank C. Damrell, Jr. on 7/29/2011. Defendants' 36 Motion to Dismiss is DENIED. (Marciel, M)
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-JFM (PC) Alcala v. Martel Doc. 46 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH G. ALCALA, 11 Plaintiff, 12 13 14 vs. MIKE MARTEL, Warden, et al., Defendants. ORDER / 15 16 No. 2:09-cv-3407 FCD JFM (PC) 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 Rule 302. 19 On July 6, 2011, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty days. Defendants have filed 22 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 July 6, 2011 are adopted in full; and 3 2. Defendants’ April 13, 2011 motion to dismiss is denied. 4 5 DATED: July 29, 2011. 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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