Zavala v. Chrones et al

Filing 88

ORDER signed by District Judge Lawrence J. O'Neill on 7/26/2012 adopting 87 FINDINGS AND RECOMMENDATIONS and denying 76 Motion to Dismiss. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEITH ZAVALA,

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CASE NO. 1:09-cv-01352-LJO-DLB PC
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION TO DISMISS

v.
CHRIS CHRONES, et al.,

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(ECF No. 87)

Defendants.

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/

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Plaintiff Keith Zavala (“Plaintiff”) is a California state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On November 2, 2011, Defendants S. Chandler, Chris

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Chrones, S. Kays, C. Martin, D. Smith, and Soto (“Defendants”) filed a motion to dismiss. ECF No.

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76. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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On June 11, 2012, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that any objection to the Findings and

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Recommendations was to be filed within fourteen days. ECF No. 87. Plaintiff and Defendants did

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not file a timely Objection to the Findings and Recommendations.

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

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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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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1.

The Findings and Recommendations, filed June 11, 2012, is adopted in full;

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2.

Defendants’ motion to dismiss, filed November 2, 2011, is denied; and
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3.

The matter is referred to the United State Magistrate Judge for further proceedings.

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IT IS SO ORDERED.

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Dated:
b9ed48

July 26, 2012

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

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