Morgan v. Tilton et al

Filing 68

ORDER adopting 67 FINDINGS AND RECOMMENDATIONS and denying 57 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 9/28/2012. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KELLY MORGAN,

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Plaintiff,

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vs.
TILTON, et al.,

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Defendants.

1:08-cv-00233-LJO-GSA-PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 67.)
ORDER DENYING DEFENDANT'S
MOTION TO DISMISS
(Doc. 57.)

_____________________________/

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Kelly Morgan (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant

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to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.

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On September 5, 2012, findings and recommendations were entered, recommending that

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Defendant's motion to dismiss for failure to exhaust be denied. (Doc. 67.) The parties were

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provided an opportunity to file objections to the findings and recommendations within twenty days.

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To date, no objections have been filed.
In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and proper analysis.

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///

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Accordingly, THE COURT HEREBY ORDERS that:

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The Findings and Recommendations issued by the Magistrate Judge on September 5,
2012, are adopted in full; and

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2.

Defendant's motion to dismiss, filed on December 22, 2011, is DENIED.

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IT IS SO ORDERED.

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Dated:
66h44d

September 28, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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