Hawkins v. State of California et al

Filing 53

ORDER Adopting FINDINGS AND RECOMMENDATIONS And Denying Defendant Bacher's Motion To Dismiss (ECF Nos. 28 , 45 ), signed by District Judge Lawrence J. O'Neill on 2/5/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LEROY HAWKINS, JR.,

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Plaintiff,

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Case No. 1:09-cv-01705-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT BACHER’S MOTION TO
DISMISS

v.
STATE OF CALIFORNIA, et al.,

ECF Nos. 28, 45

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Defendants.

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Plaintiff Leroy Hawkins (“Plaintiff”), a California state prisoner, filed this civil rights

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action pursuant to 42 U.S.C. § 1983 on September 28, 2009. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 15, 2013, the Magistrate Judge filed Findings and Recommendations,
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recommending that Defendant Bacher’s motion to dismiss be denied. (ECF No. 45.) Defendant

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Bacher has filed objections. (ECF No. 49.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 304, this

2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
3 Court finds the Findings and Recommendations to be supported by the record and by proper
4 analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed August 15, 2013, are adopted in full;

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2.

Defendant Bacher’s motion to dismiss (ECF No. 28) is DENIED, without
prejudice; and

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Complaint within thirty days of entry of this order.

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Defendant Bacher should file a response to Plaintiff’s Second Amended

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

February 5, 2014

UNITED STATES DISTRICT JUDGE
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5.

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