(PC) Smith v. Kiesz et al, No. 2:2011cv01918 - Document 24 (E.D. Cal. 2012)
Court Description: ORDER signed by Judge John A. Mendez on 9/11/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/20/12 21 are ADOPTED in full; The MOTION to DISMISS 16 is DENIED; and Defendant shall file an answer within thirty days of the filed date of this order. (Mena-Sanchez, L)
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(PC) Smith v. Kiesz et al Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID SMITH, 11 Plaintiff, Defendant. 12 13 No. 2:11-cv-1918 JAM CKD P ORDER vs. KIESZ, 14 15 / 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 June 20, 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 twenty-one 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 1. The findings and recommendations filed June 20, 2012, are adopted in full; 2 2. The motion to dismiss (Docket No. 16) is DENIED; and 3 3. Defendant shall file an answer within thirty days of the filed date of this order. 4 DATED: September 11, 2012 5 /s/ John A. Mendez 6 UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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