(PC) James v. Mehta, No. 2:2010cv01171 - Document 175 (E.D. Cal. 2014)

Court Description: ORDER signed by Judge Lawrence K. Karlton on 1/9/2014 ADOPTING IN FULL 158 Findings and Recommendations; DENYING 138 Motion to Dismiss. (Michel, G)
Download PDF
(PC) James v. Mehta Doc. 175 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES CORNELIUS JAMES, 12 Plaintiff, 13 14 No. 2:10-cv-1171 LKK DAD P v. ORDER DEEPAK MEHTA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 5, 2013, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations, and plaintiff has filed a reply. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 5, 2013, are adopted in full; and 3 2. Defendants’ motion to dismiss for failure to exhaust administrative remedies (Doc. No. 4 5 138) is denied DATED: January 9, 2014. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2