Roberts v. Salano et al

Filing 38

ORDER signed by District Judge Lawrence J. O'Neill on 7/16/2009 adopting 32 FINDINGS AND RECOMMENDATIONS, denying 24 Motion to Dismiss and requiring Defendant to respond to complaint. (Response Deadline: 8/19/2009 ).(Lundstrom, T)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendants. 14 15 Plaintiff James Edward Roberts is a state prisoner proceeding pro se and in forma pauperis 16 in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 18 On May 27, 2009, the Magistrate Judge issued a Findings and Recommendations 19 recommending Defendant Salano's motion to dismiss for failure to exhaust be denied. Defendant 20 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 22 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 23 and Recommendations to be supported by the record and by proper analysis. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. 26 27 28
Plaintiff filed an O b j e c tio n on June 15, 2009, but Plaintiff's objection is to Defendant's arguments and not th e Magistrate Judge's Findings and Recommendations.
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UNITED STATES DISTRICT COURT

JAMES EDWARD ROBERTS, Plaintiff, v. CORRECTIONAL OFFICER SALANO, et al., /

CASE NO. 1:08-cv-00162-LJO-GSA PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING DEFENDANT'S MOTION TO DISMISS, AND REQUIRING DEFENDANT TO RESPOND TO COMPLAINT WITHIN THIRTY DAYS (Doc. 24)

filed an Objection on June 26, 2009.1

The Findings and Recommendations, filed May 27, 2009, is adopted in full;

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2.

Defendant Salano's motion to dismiss for failure to exhaust, filed January 23, 2009, is DENIED, without prejudice; and

3.

Defendant shall file a response to Plaintiff's complaint within thirty (30) days from the date of service of this order.

IT IS SO ORDERED. Dated: b9ed48 July 16, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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