Thomas v. Wilber et al

Filing 49

ORDER DENYING 31 Motion to Dismiss ; ORDER ADOPTING 45 FINDINGS AND RECOMMENDATIONS; ORDERED to be referred back to Magistrate Judge to issue an Amended Scheduling Order, signed by Chief Judge Anthony W. Ishii on 08/03/2012. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON LATRELL THOMAS,

CASE NO. 1:10-cv-00006-AWI-SKO PC

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
DEFENDANTS’ MOTION TO DISMISS FOR
FAILURE TO EXHAUST, AND REFERRING
MATTER BACK TO MAGISTRATE JUDGE
TO ISSUE AN AMENDED SCHEDULING
ORDER

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v.
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M. WILBER, et al.,
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Defendants.
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(Docs. 31 and 45)
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/
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Plaintiff Jason Latrell Thomas, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on January 4, 2010. The matter was referred to

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

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On June 20, 2012, the Magistrate Judge issued a findings and recommendations

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recommending that Defendants’ motion to dismiss for failure to exhaust be denied. 42 U.S.C. §

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1997e(a); Fed. R. Civ. P. 12(b). The fifteen-day objection period has expired and no objections were

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filed.

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Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case.

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Having carefully reviewed the entire file, the Court finds the findings and recommendations to be

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supported by the record and by proper analysis. Accordingly, it is HEREBY ORDERED that:

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The Court adopts the findings and recommendations filed on June 20, 2012, in full;

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2.

Defendants’ motion to dismiss for failure to exhaust, filed on October 11, 2011, is

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DENIED; and
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3.

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This matter is referred back to the Magistrate Judge to issue an amended scheduling
order.

IT IS SO ORDERED.

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Dated:
0m8i78

August 3, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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