Griffin v. Gonzales et al

Filing 61

ORDER Adopting Findings And Recommendations, Dismissing Claims And Defendants (Doc Nos. 46 , 60 ), signed by District Judge Dale A. Drozd on 3/29/2016. The January 15, 2016 findings and recommendations (Doc No. 60 ) are adopted in full. Defendants motion to dismiss for failure to state a claim (Doc. No. 46 ) is denied and Defendant shall file an answer within thirty (30) days of the date of service of this order. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW JAMES GRIFFIN, 12 No. 1:11-cv-00210-DAD-BAM Plaintiff, 13 v. 14 S. CALDWELL, 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING CLAIMS AND DEFENDANTS Defendant. (Doc Nos. 46, 60) 16 17 Plaintiff Matthew James Griffin is appearing pro se and in forma pauperis in the civil 18 19 rights action pursuant to 42 U.S.C. §1983. 20 The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. 21 § 636(b)(1)(B) and Local Rule 302. On January 15, 2016, the magistrate judge filed findings and 22 recommendations which were served on the parties and contained notice that objections were to 23 be filed within fourteen days. (Doc. No. 60.) No filed objections to the findings and 24 recommendations have been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 25 26 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 27 and recommendations to be supported by the record and by proper analysis. 28 ///// 1 1 Accordingly, 2 1. The January 15, 2016 findings and recommendations (Doc No. 60) are adopted in full; 3 2. Defendant’s motion to dismiss for failure to state a claim (Doc. No. 46) is denied; and 4 3. Defendant shall file an answer within thirty (30) days of the date of service of this 5 order. 6 7 8 IT IS SO ORDERED. Dated: March 29, 2016 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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