Baker v. Yates

Filing 58

ORDER Adopting FINDINGS AND RECOMMENDATIONS (ECF No. 53 ), signed by District Judge Lawrence J. O'Neill on 5/15/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARVEY CURTIS BAKER,

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Plaintiff,

Case No. 1:12-cv-00126-LJO-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
ECF NO. 53

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JAMES A. YATES,
Defendant.

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Plaintiff Harvey Curtis Baker (“Plaintiff”) is a state prisoner proceedings pro se in this

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civil rights action against Defendant James A. Yates (“Defendant”). On April 2, 2013, Defendant

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filed a motion to dismiss. (ECF No. 53.) On April 10, 2013, the magistrate judge issued a

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Findings and Recommendations recommending that Defendant’s motion to dismiss be denied as

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moot. (ECF No. 55.)

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The Findings and Recommendations were served on all parties and contained notice that

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any objections were to be filed within thirty (30) days. Neither party has filed objections to the

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Findings and Recommendations.

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

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

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Findings and Recommendations are supported by the record and by proper analysis. In this case,

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Defendant’s motion to dismiss was mooted by the Court’s screening order dismissing Plaintiff’s
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complaint. (See ECF No. 54.)

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Accordingly, it is HEREBY ORDERED that:

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1.

The Findings and Recommendations dated April 10, 2013 are ADOPTED IN

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FULL (ECF No. 55); and
Defendant’s motion to dismiss is DENIED as moot.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

May 15, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

66h44d

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