Petosyan v. Hedgpeth et al

Filing 86

ORDER Adopting 84 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Defendants' 52 Motion to Dismiss signed by District Judge Anthony W. Ishii on 11/8/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR PETROSYAN,

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Plaintiff,
v.
ALI, ZAMORA, GRANNIS, and
YOUSSEF,

CASE NO. 1: 09-CV-0593 AWI JLT
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
ORDER DENYING DEFENDANTS’
MOTION TO DISMISS

Defendants.

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On February 19, 2013, Defendants filed a motion to dismiss this action for Plaintiff’s

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failure to exhaust administrative remedies prior to filing this action. The motion was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 30, 2013, the Magistrate Judge filed Findings and Recommendations that

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recommended Defendants’ motion be denied. These Findings and Recommendations were served

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on the parties and contained notice to the parties that any objections to the Findings and

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Recommendations were to be filed within fourteen days. Over fourteen days has passed, and no

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objections have been filed.

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

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de novo review of this case. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th

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Cir. 1983). Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1.

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The Findings and Recommendations filed on September 30, 2013 are ADOPTED
IN FULL; and

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Defendants’ motion to dismiss is DENIED without prejudice.

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IT IS SO ORDERED.
Dated: November 8, 2013
SENIOR DISTRICT JUDGE

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