Smith v. Pina et al

Filing 35

ORDER adopting 32 FINDINGS AND RECOMMENDATIONS and denying 29 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 9/30/2013. ( Filing Deadline set for 11/4/2013 for Pina to file a response to First Amended Complaint). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT LEWIS SMITH,

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Case No. 1:11-cv-01651-LJO-MJS (PC)

Plaintiff,

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v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT PINA’S MOTION TO
DISMISS

S. PINA, et al.,
ECF Nos. 29, 32

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Defendants.

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Plaintiff Robert Lewis Smith (“Plaintiff”), a California state prisoner, filed this civil

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rights action pursuant to 42 U.S.C. § 1983 on September 29, 2011. The matter was referred to a
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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 16, 2013, the Magistrate Judge filed Findings and Recommendations,
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recommending that Defendant Pina’s motion to dismiss be denied. (ECF No. 32.) Defendant

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Pina has filed objections. (ECF No. 33.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 304, this

2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
3 Court finds the Findings and Recommendations to be supported by the record and by proper
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed August 16, 2013, are adopted in full;

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2.

Defendant Pina’s motion to dismiss (ECF No. 29) is DENIED; and

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3.

Defendant Pina should file a response to Plaintiff’s First Amended Complaint
within thirty days of entry of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

September 30, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

b9ed48bb

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