Ilsung v. Mobert

Filing 33

ORDER ADOPTING 32 FINDINGS AND RECOMMENDATIONS, Denying Defendant's 23 Motion to Dismiss signed by District Judge Anthony W. Ishii on 03/21/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTORY ILSUNG,

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CASE No.

1:10-cv-02070-AWI-MJS (PC)

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

Plaintiff,

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v.
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(ECF Nos. 23, 32)
ROBERT MOBERT,

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CASE TO REMAIN OPEN

Defendant.

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/

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Plaintiff Victory Ilsung, a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on November 8, 2010 pursuant to 42 U.S.C. §

23 1983. (ECF No. 1.) The matter was referred to a United States Magistrate Judge
24 pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302 of the United States District
25 Court for the Eastern District of California.
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On February 1, 2013, Findings and Recommendation (ECF No. 32) were filed in
which the Magistrate Judge recommended that Defendant’s Motion to Dismiss (ECF No.
23) be denied.

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The parties were notified that objection, if any, was due within fourteen days after
service. No party filed an objection to the Findings and Recommendation.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has

8 conducted a de novo review of this case. Having carefully reviewed the entire file, the
9 Court finds the Findings and Recommendation to be supported by the record and by
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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
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2013, (ECF No. 32) in full; and

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The Court adopts the Findings and Recommendation filed February 1,

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Defendant’s Motion to Dismiss (ECF No. 23) is DENIED.

16 IT IS SO ORDERED.
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Dated:
18 0m8i78

March 21, 2013
SENIOR DISTRICT JUDGE

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