Jameson v. Rawers, et al., et al

Filing 82

ORDER ADOPTING 81 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 74 Defendants' Motion to Dismiss, signed by District Judge Lawrence J. O'Neill on 1/31/2012. (Jessen, A)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 BARRY S. JAMESON, 5 Plaintiff, 6 7 v. SCOTT RAWERS, et al., 8 1:03-cv-05593-LJO-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION FOR DENIAL OF DEFENDANTS’ MOTION TO DISMISS (ECF No. 81) Defendants. 9 10 _______________________________/ 11 Plaintiff Barry S. Jameson (“Plaintiff”) is a state prisoner proceeding pro se in a civil rights 12 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 13 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 14 On November 22, 2011, the Magistrate Judge filed a Findings and Recommendation 15 recommending that Defendants’ Motion to Dismiss be denied. (ECF No. 81.) The parties have 16 not filed any objections to the Findings and Recommendation. 17 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this 18 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 19 Court finds the Findings and Recommendations to be supported by the record and by proper 20 analysis. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. 23 The Findings and Recommendation, filed November 22, 2011, is adopted in full; and 24 2. Defendants’ Motion to Dismiss (ECF No. 74) is DENIED. 25 26 IT IS SO ORDERED. 27 Dated: b9ed48 28 January 31, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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