Howard v. Deazevedo

Filing 33

ORDER ADOPTING 28 FINDINGS AND RECOMMENDATIONS and DENYING 23 Defendants' Motion to Dismiss, With Prejudice, signed by District Judge Anthony W. Ishii on 1/7/2013. (Jessen, A)

1

UNITED STATES DISTRICT COURT

2
EASTERN DISTRICT OF CALIFORNIA
3
4

TIMOTHY HOWARD,

5
6
7

CASE NO. 1:11-cv-00101-AWI-SKO PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION TO DISMISS,
WITH PREJUDICE

v.
D. L. DeAZEVEDO, et al.,

(Docs. 23 and 28)
8

Defendants.

9

/

10
Plaintiff Timothy Howard, a state prisoner proceeding pro se and in forma pauperis, filed this
11
civil rights action pursuant to 42 U.S.C. § 1983 on January 20, 2011. The matter was referred to a
12
United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
13
On July 13, 2012, Defendants filed a motion to dismiss for failure to state a claim pursuant
14
to Federal Rule of Civil Procedure 12(b)(6), and on November 29, 2012, the Magistrate Judge issued
15
findings and recommendations recommending the motion be denied, with prejudice. The parties
16
were granted fifteen days within which to file objections, but no objections were filed and on
17
December 7, 2012, Defendants filed their answer to Plaintiff’s amended complaint.
18
Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case.
19
Having carefully reviewed the entire file, the Court finds the findings and recommendations to be
20
supported by the record and by proper analysis.
21
Accordingly, it is HEREBY ORDERED that:
22
1.

The Court adopts the findings and recommendations filed on November 29, 2012,

23
in full; and
24
2.

Defendants’ motion to dismiss, filed on July 13, 2012, is DENIED.

25
26
IT IS SO ORDERED.
27
28

Dated:
0m8i78

January 7, 2013
UNITED STATES DISTRICT JUDGE
1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2