Hernandez v. Jordan et al
Filing
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ORDER Adopting 37 Findings and Recommendations, Denying Defendant's 19 Motion to Dismiss, and Requiring Defendant to File a Response to Plaintiff's Amended Complaint Within Thirty Days, signed by District Judge Lawrence J. O'Neill on 7/25/11. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANGEL H. HERNANDEZ,
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Plaintiff,
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CASE NO. 1:09-cv-00268-LJO-SKO PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
DEFENDANT’S MOTION TO DISMISS, AND
REQUIRING DEFENDANT TO FILE A
RESPONSE TO PLAINTIFF’S AMENDED
COMPLAINT WITHIN THIRTY DAYS
v.
CHRIS JORDAN, et al.,
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Defendants.
(Docs. 19 and 37)
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Plaintiff Angel H. Hernandez is a prisoner proceeding pro se and in forma pauperis in this
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civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On June 28, 2011, the Magistrate Judge addressed Defendant Costner’s motion to dismiss
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and recommended that it be denied in its entirety. Objections were due within twenty days and
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neither party objected.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings
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and 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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The Court adopts the Findings and Recommendations, filed on June 28, 2011, in full;
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2.
Defendant Costner’s motion to dismiss, filed on December 16, 2010, is DENIED;
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and
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3.
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Defendant Costner shall file a response to Plaintiff’s amended complaint within
thirty (30) days from the date of service of this order.
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IT IS SO ORDERED.
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Dated:
b9ed48
July 25, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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