Branch v. Grannis, et al.,

Filing 70

ORDER Adopting FINDINGS AND RECOMMENDATIONS (Doc. 69 ), ORDER Denying Defendant Umphenour's Motion To Dismiss (Doc. 49 ), signed by Chief Judge Anthony W. Ishii on 9/20/2012. (Fahrney, E)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOUIS BRANCH, 12 Plaintiff, 13 14 vs. N. GRANNIS, et al., 15 16 Defendants. _____________________________/ 17 1:08-cv-01655-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 69.) ORDER DENYING DEFENDANT UMPHENOUR'S MOTION TO DISMISS (Doc. 49.) Louis Branch (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 19 to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 20 On August 24, 2012, findings and recommendations were entered, recommending that 21 defendant Umphenour's motion to dismiss, filed on October 6, 2011, be denied. The parties were 22 provided an opportunity to file objections to the findings and recommendations within twenty days. 23 To date, no objections, or other responses to the findings and recommendations, were filed. In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and proper analysis. 27 /// 28 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 3 4 5 The Findings and Recommendations issued by the Magistrate Judge on August 24, 2012, are ADOPTED in full; and 2. Defendant Umphenour's motion to dismiss, filed on October 6, 2011, is DENIED. IT IS SO ORDERED. 6 7 Dated: 0m8i78 September 20, 2012 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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