-GGH (PS) LaMark v. Hicks et al, No. 2:2011cv01098 - Document 20 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 11/8/11;IT IS ORDERED that the Findings and Recommendations filed September 28, 2011, are ADOPTED and 1. Defendants motion to dismiss (dkt. no. 5) is denied; 2. Defendants shall file an answer to plaintiffs complaint within 14 days of the filed date of this order. (Matson, R)

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-GGH (PS) LaMark v. Hicks et al Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA LAMARK, 11 Plaintiff, 12 No. CIV S-11-1098 MCE GGH PS vs. 13 RANDALL HICKS, et al., 14 Defendants. 15 __________________________________/ 16 ORDER On September 28, 2011, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orand v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). 23 24 25 26 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly, IT IS ORDERED that the Findings and Recommendations filed September 28, 2011, are ADOPTED and 1 Dockets.Justia.com 1 1. Defendants’ motion to dismiss (dkt. no. 5) is denied; 2 2. Defendants shall file an answer to plaintiff’s complaint within 14 days of the 3 4 filed date of this order. Dated: November 8, 2011 5 6 7 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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