(PC) Moody v. Gonzalez et al, No. 2:2022cv01342 - Document 22 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 11/17/23 ADOPTING 21 Findings and Recommendations and DENYING 17 Motion to Dismiss. This matter is REFFERED back to the assigned Magistrate Judge for all further pretrial proceedings. (Licea Chavez, V)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KAYSHON LAMONT MOODY, 12 Plaintiff, 13 14 No. 2:22-cv-01342-DJC-JDP (PC) v. ORDER D. GONZALEZ, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 5, 2023, the Magistrate Judge filed findings and 20 21 recommendations herein which were served on all parties and which contained notice 22 to all parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. Neither party has filed objections to the findings and 24 recommendations. 25 The Court has reviewed the file and finds the findings and recommendations to 26 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 27 HEREBY ORDERED that: 28 //// 1 1 2 1. The findings and recommendations filed September 5, 2023, are adopted in full; 3 2. Defendants’ motion to dismiss, ECF No. 17, is denied; and 4 3. This matter is referred back to the assigned Magistrate Judge for all further 5 pretrial proceedings. 6 7 8 9 IT IS SO ORDERED. Dated: November 17, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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