Hamilton v. Yates et al

Filing 38

ORDER ADOPTING 35 Findings and Recommendations and DENYING Defendants Yates, Mattingly, Trimble, and Spearman's 25 Motion to Dismiss, signed by District Judge Lawrence J. O'Neill on 9/10/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PAUL C. HAMILTON,

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Plaintiff,

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Case No. 1:10-cv-01925-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS YATES, MATTINGLY,
TRIMBLE, AND SPEARMAN’S MOTION
TO DISMISS

v.
J. A. YATES, et al.,

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Defendants.

ECF No. 35

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Plaintiff Paul C. Hamilton (“Plaintiff”), a California state prisoner, filed this civil rights

20 action pursuant to 42 U.S.C. § 1983 on July 14, 2008. The matter was referred to a United States
21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On July 26, 2013, the Magistrate Judge filed a Findings and Recommendations,

23 recommending that Defendants Yates, Mattingly, Trimble, and Spearman’s motion to dismiss be
24 denied. (ECF No. 35.) The parties have not filed any objections.
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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 July 26, 2013, are adopted in full; and

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2.

Defendants Yates, Mattingly, Trimble, and Spearman’s motion to dismiss (ECF
No. 25) is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

September 10, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

66h44d

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