(PC) Poppen v. Foster, et al, No. 2:2010cv00568 - Document 29 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 9/29/10 ORDERING that the 23 Findings and Recommendations are ADOPTED in full; Deft's 13 Motion to Dismiss is DENIED; Defts McLean, Weinholdt, Heatley, and Soltanian-Zadeh shall answer Pltf's complaint within 10 days from the date of this order. (Owen, K)
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(PC) Poppen v. Foster, et al Doc. 29 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN POPPEN, 11 Plaintiff, 12 13 No. 2:10-cv-0568-MCE-JFM (PC) vs. LIONEL FOSTER, M.D., et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding through counsel with 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 September 7, 2010, 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 fourteen days and any 22 responses to objections were to be filed within fourteen days thereafter. Defendants have filed 23 objections to the findings and recommendations, and plaintiff has filed a response to defendants’ 24 objections. 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 2 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 3 file, the court finds the findings and recommendations to be supported by the record and by 4 proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed September 7, 2010, are adopted in 7 full; 8 2. Defendants’ June 25, 2010 motion to dismiss is denied; and 9 3. Defendants McLean, Weinholdt, Heatley, and Soltanian-Zadeh shall answer 10 11 plaintiff’s complaint within ten days from the date of this order. Dated: September 29, 2010 12 13 14 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2