Shepard v. Quillen

Filing 36

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, Recommending That Defendant's Motion to Dismiss Be Denied 27 , 31 , signed by District Judge Lawrence J. O'Neill on 3/15/11: Defendant's Motion to Dismiss is DENIED. (Hellings, J)

-SKO (PC) Shepard v. Quillen

Doc. 36

1 2 3 4 LAMONT SHEPARD, 5 Plaintiff, 6 v. 7 T. QUILLEN, et al., 8 Defendants. 9 10 Plaintiff Lamont Shepard ("Plaintiff") is a state prisoner proceeding pro se and in forma 11 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. At this juncture, this action is 12 proceeding on Plaintiff's first amended complaint, filed September 16, 2010, against Defendant T. 13 Quillen for excessive force in violation of the Eighth Amendment and J. Wise for retaliation in 14 15 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On February 3, 2011, the Magistrate Judge issued findings and recommendations 17 recommending that Defendant's motion to dismiss be denied. The parties were given thirty days 18 within which to file objections, and none were filed. 19 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 20 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 21 and recommendations to be supported by the record and by proper analysis. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. 24 2. 25 IT IS SO ORDERED. 26 Dated: 27 28
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA CASE NO. 1:09-cv-00809-LJO-SKO PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT DEFENDANT'S MOTION TO DISMISS BE DENIED (ECF. Nos. 27, 31) /

violation of the First Amendment.1 The matter was referred to a United States Magistrate Judge

The findings and recommendations, filed February 3, 2011, is adopted in full; and Defendant's motion to dismiss is DENIED.

March 15, 2011

/s/ Lawrence J. O'Neill

On February 24, 2011, an order was issued directing the United States Marshal to serve Defendant J. W ise.

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b9ed48

UNITED STATES DISTRICT JUDGE

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