Alonso-Prieto v. Pierce, et al.

Filing 56

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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1.

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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