Simmons v. Hedgpeth

Filing 87

ORDER Adopting 85 Findings and Recommendation, Denying Defendants' 85 Motion to Dismiss, and Referring Matter Back to Magistrate Judge for Further Proceedings, signed by District Judge Lawrence J. O'Neill on 06/27/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER I. SIMMONS,

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Plaintiff,

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v.

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GRISSOM, et al.,

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Defendants.

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Case No.: 1:07-cv-01058-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANTS’ MOTION TO DISMISS, AND
REFERRING MATTER BACK TO MAGISTRATE
JUDGE FOR FURTHER PROCEEDINGS
[ECF No. 85]

Plaintiff Christopher I. Simmons is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.

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On May 23, 2014, the Magistrate Judge filed Findings and Recommendations which were

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served on the parties and contained notice that Objections to the Findings and Recommendations were

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to be filed within twenty days. No objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to dismiss the action is DENIED; and

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2. The matter is referred back to the Magistrate Judge for further proceedings.

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SO ORDERED
Dated: June 27, 2014
/s/ Lawrence J. O’Neill
United States District Judge

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