(PC) Robinson v. Cate et al, No. 2:2011cv02555 - Document 45 (E.D. Cal. 2014)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/27/13 44 are ADOPTED in full; Defendants' MOTION TO DISMISS 40 is DENIED to the extent that it seeks dismissal of Defendant Giurbino; The MOTION TO DISMISS 40 , is GRANTED to the extent that it seeks dismissal of Defendant Cate; and Defendant Giurbino shall file an answer to Plaintiff's First Amended Complaint within twenty eight days of the filing date of this order. Matthew Cate TERMINATED.(Mena-Sanchez, L)
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(PC) Robinson v. Cate et al Doc. 45 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDRE JAMAL ROBINSON, 12 Plaintiff, 13 14 No. 2:11-cv-02555 MCE AC P v. ORDER MATTHEW CATE, ET AL., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 27, 2013, the Magistrate Judge filed findings and recommendations herein, 20 21 ECF No. 44, which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. Neither 23 party has filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations, ECF No. 44, filed December 27, 2013, are ADOPTED IN FULL; 2. Defendant’s motion to dismiss, ECF No. 40, is DENIED to the extent that it seeks dismissal of Defendant Giurbino; 3. The motion to dismiss, ECF No. 40, is GRANTED to the extent that it seeks dismissal of Defendant Cate; and, 4. Defendant Giurbino shall file an answer to Plaintiff’s First Amended Complaint within twenty eight days of the filing date of this order. IT IS SO ORDERED. Dated: February 4, 2014 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2