LeCompte v. Dhah et al

Filing 24

ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS and Denying Defendants' 15 Motion to Dismiss; ORDER Requiring Defendants to File Responsive Pleading within Thirty Days signed by District Judge Lawrence J. O'Neill on 11/07/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY LECOMPTE,

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Plaintiff,

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v.

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Case No. 1:11-cv-02105 LJO-DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION TO DISMISS
(Document 23)

DHAH, et al.,

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Defendants.

ORDER REQUIRING DEFENDANTS TO
FILE RESPONSIVE PLEADING WITHIN
THIRTY DAYS

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Plaintiff Timothy LeCompte (“Plaintiff”), a state prisoner proceeding pro se, filed this civil

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rights action pursuant to 42 U.S.C. § 1983 on December 21, 2011. The action is proceeding on an

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Eighth Amendment claim against Defendants F.N.P. Dhah, Dr. Moon, Dr. Jeffrey Wang, Teresa

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Macias and L. D. Zamora.

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On April 29, 2013, Defendants Moon, Wang, Macias and Zamora filed this Motion to

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Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).1 The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 30, 2013, the Magistrate Judge issued Findings and Recommendations to deny

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Defendants’ Motion to Dismiss. The Findings and Recommendations were served on the parties and

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contained notice to the parties that any objections to the Findings and Recommendations were to be

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filed within thirty days. Over thirty days have passed and no objections have been filed.

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There is no indication that Defendant Dhah has been served.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds that the Findings

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and Recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1.

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The Findings and Recommendations, filed September 30, 2013, are ADOPTED in
full;

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2.

Defendants’ Motion to Dismiss (Document 15) is DENIED; and

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3.

Defendants SHALL file a responsive pleading within thirty (30) days of the date of

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service of this order.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

November 7, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

b9ed48bb

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