Montanez v. Gonzalez et al
Filing
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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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The Findings and Recommendations, filed October 22, 2012, is adopted in full;
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Defendant’s Motion to Dismiss (Doc. 41), filed June 11, 2012, is DENIED;
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Plaintiff’s Motion for Sanctions (Doc. 51), filed September 4, 2012, is DENIED;
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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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