Johnson v. Cate et al

Filing 38

ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING Defendant's Motion to Dismiss 29 , 36 , signed by District Judge Anthony W. Ishii on 9/30/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARRISON S. JOHNSON,

CASE NO. 1:10-cv-00803-AWI-MJS

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANT’S MOTION TO DISMISS

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v.
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MATHEW CATE, et al.,

(ECF. No. 29, 36)

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Defendants.
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Plaintiff Garrison S. Johnson, a state prisoner proceeding pro se, filed this civil rights action
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pursuant to 42 U.S.C. § 1983 on May 10, 2010. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On July 31, 2013, the Magistrate Judge issued a findings and recommendation that
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Defendant’s Motion to Dismiss (ECF No. 29) be denied. (ECF No. 36.) The parties were notified
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that objection, if any, was due within fourteen days after service. No party filed an objection to the
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Findings and Recommendation.
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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 Recommendation to be
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supported by the record and by proper analysis.
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Accordingly, it is HEREBY ORDERED that:

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1.

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The Court adopts the Findings and Recommendation filed on July 31, 2013, in full;
and

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Defendant’s Motion to Dismiss (ECF No. 29) is DENIED.

IT IS SO ORDERED.

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Dated:
0m8i78

September 30, 2013
SENIOR DISTRICT JUDGE

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