(PC) Berrera v. Sivyer et al, No. 2:2015cv00610 - Document 45 (E.D. Cal. 2017)
Court Description: ORDER signed by District Judge Kimberly J. Mueller on 9/28/2017 ADOPTING in full the 43 findings and recommendations filed 8/31/2017, and DENYING defendants' 34 motion to dismiss. (Yin, K)
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(PC) Berrera v. Sivyer 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 ERNESTO BERRERA, 12 No. 2:15-cv-0610-KJM-EFB P Plaintiff, 13 v. 14 J. SIVYER, et al., 15 ORDER Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 31, 2017, the magistrate judge filed findings and recommendations, which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. 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 file, the court 26 finds the findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 31, 2017, are adopted in full; and 3 2. Defendants’ November 16, 2016 motion to dismiss (ECF No. 34) is denied. 4 DATED: September 28, 2017. 5 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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