Alonso-Prieto v. Pierce, et al.
Filing
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ORDER ADOPTING 53 FINDINGS AND RECOMMENDATIONS, IN FULL; ORDER DENYING 32 Motion to Dismiss, signed by District Judge Anthony W. Ishii on 02/21/2014. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RAUL ERNEST ALONSO-PRIET0,
Case No. 1:11-cv-00024-AWI-MJS (PC)
Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
DEFENDANT’S MOTION TO DISMISS
ACTION FOR FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES
(ECF Nos. 32, 53)
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v.
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B. PIERCE, et al.,
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Defendants.
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CASE TO REMAIN OPEN
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Plaintiff Raul Ernest Alonso-Prieto is a former federal prisoner proceeding pro se
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and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983 and
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Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388
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(1971). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.
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§ 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern District
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of California.
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On January 22, 2014, the Magistrate Judge issued Findings and Recommendations
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that Defendant Pierce’s Motion to Dismiss filed June 14, 2013 (ECF No. 32) should be
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DENIED. (ECF No. 53.) Any objection to the Findings and Recommendations was due by
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February 10, 2014. (Id.) The February 10, 2014 deadline passed without any party filing
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objections or seeking extension of time to do so.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has
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conducted a de novo review of this case. Having carefully reviewed the entire file, the Court
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finds the Findings and Recommendations to be supported by the record and by proper
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analysis.
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Accordingly, it is HEREBY ORDERED that:
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2014 (ECF No. 53) in full,
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2.
Defendant Pierce’s Motion to Dismiss filed June 14, 2013 (ECF No. 32) is
DENIED, and
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The Court adopts the Findings and Recommendations filed on January 22,
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The case shall remain open.
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IT IS SO ORDERED.
Dated: February 21, 2014
SENIOR DISTRICT JUDGE
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