-GGH (PC) Foster v. Statti et al, No. 2:2010cv00929 - Document 32 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 30 FINDINGS AND RECOMMENDATIONS in full signed by Judge John A. Mendez on 12/08/11 and ORDERING that defendants' 23 Motion to Dismiss is DENIED and defendants shall file an answer within 28 days. (Benson, A.)
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-GGH (PC) Foster v. Statti et al Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD FOSTER, 11 Plaintiff, 12 vs. 13 No. CIV S-10-0929 JAM GGH P P. STATTI, et al., 14 Defendants. 15 ORDER / 16 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 September 28, 2011, 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. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 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 2 3 1. The findings and recommendations filed September 28, 2011, are adopted in full; and 2. Defendants’ motion to dismiss (Doc. 23), pursuant to 28 U.S.C. § 1915(g) is 4 denied and defendants shall file an answer within 28 days. 5 DATED: December 8, 2011 6 7 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2