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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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ROBERT LEWIS SMITH, 13 Case No. 1:11-cv-01651-LJO-MJS (PC) Plaintiff, 14 v. 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANT PINA’S MOTION TO DISMISS S. PINA, et al., ECF Nos. 29, 32 16 Defendants. 17 18 Plaintiff Robert Lewis Smith (“Plaintiff”), a California state prisoner, filed this civil 19 rights action pursuant to 42 U.S.C. § 1983 on September 29, 2011. The matter was referred to a 20 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 16, 2013, the Magistrate Judge filed Findings and Recommendations, 22 recommending that Defendant Pina’s motion to dismiss be denied. (ECF No. 32.) Defendant 23 Pina has filed objections. (ECF No. 33.) 24 /// 25 /// 26 /// 27 /// 28 1 1 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 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations, filed August 16, 2013, are adopted in full; 7 2. Defendant Pina’s motion to dismiss (ECF No. 29) is DENIED; and 8 3. Defendant Pina should file a response to Plaintiff’s First Amended Complaint within thirty days of entry of this order. 9 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill September 30, 2013 UNITED STATES DISTRICT JUDGE 14 15 DEAC_Signature-END: b9ed48bb 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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