(PC) James v. Mehta, No. 2:2010cv01171 - Document 86 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge Lawrence K. Karlton on 11/13/2012 FINDINGS AND RECOMMENDATIONS # 81 are ADOPTED in FULL; Defendant Capitano's # 69 Motion to Set Aside Default is GRANTED; and Defendant Capitano's answer # 82 is DEEMED timely filed. (Reader, L)

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(PC) James v. Mehta Doc. 86 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES CORNELIUS JAMES, Plaintiff, 11 12 13 14 vs. DEEPAK MEHTA, et al., Defendants. ORDER / 15 16 No. 2:10-cv-1171 LKK DAD P Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights 17 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 28, 2012, 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. Plaintiff 22 has filed objections to the findings and recommendations. Defendant Capitano filed a reply to 23 plaintiff’s objections. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and 1 Dockets.Justia.com 1 by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed August 28, 2012, are adopted in full; 4 2. Defendant Capitano’s motion to set aside default (Doc. No. 69) is granted; and 5 3. Defendant Capitano’s answer filed September 11, 2012 (Doc. No. 82), is 6 deemed timely filed. 7 DATED: November 13, 2012. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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