Montanez v. Gonzalez et al

Filing 57

ORDER signed by District Judge Anthony W. Ishii on 12/5/2012 adopting 56 FINDINGS AND RECOMMENDATIONS; denying 41 Motion to Dismiss; denying 51 Motion for Sanctions and striking 52 Counter Motion. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PAUL MONTANEZ,

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CASE NO. 1:10-cv-01931-AWI-BAM PC
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT’S MOTION TO DISMISS;
DENYING PLAINTIFF’S MOTION FOR
SANCTIONS; AND STRIKING PLAINTIFF’S
COUNTER MOTION

v.
F. GONZALEZ, et al.,
Defendants.

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(Doc. Nos. 41, 51, 52, 56)

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THIRTY-DAY DEADLINE
/

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Plaintiff Paul Montanez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 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 October 22, 2012, the Magistrate Judge filed a Findings and Recommendations which

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

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Recommendations was to be filed within thirty days. More than thirty days have passed and on

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objection to the Findings and Recommendations has been filed.

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

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

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and 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 October 22, 2012, is adopted in full;

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2.

Defendant’s Motion to Dismiss (Doc. 41), filed June 11, 2012, is DENIED;

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3.

Plaintiff’s Motion for Sanctions (Doc. 51), filed September 4, 2012, is DENIED;

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4.

Plaintiff’s Counter Motion (Doc. 52), filed September 4, 2012, is STRICKEN FROM

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THE RECORD; and
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Within thirty days from the date of service of this Order, Defendant shall file an
answer to the second amended complaint.

IT IS SO ORDERED.

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Dated:
0m8i78

December 5, 2012
UNITED STATES DISTRICT JUDGE

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