Meredith v. Overley et al

Filing 35

ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS and Denying Defendants' 12 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 08/16/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DWAYNE MEREDITH,

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Plaintiff,

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Case No. 1:12-cv-0455-LJO-MJS
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION TO DISMISS

v.
D. OVERLEY, et al.,

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(ECF No. 31)

Defendants.

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Plaintiff Dwayne Meredith (“Plaintiff”), a California state prisoner, filed this civil rights

19 action pursuant to 42 U.S.C. § 1983 on March 26, 2012. The matter was referred to a United
20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On June 28, 2013, the Magistrate Judge filed a Findings and Recommendations,

22 recommending denial of defendants’ motion to dismiss. (ECF No. 31.) Defendants have filed
23 objections (ECF No. 32) and Plaintiff filed a response (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
4 analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed June 28, 2013, are adopted in full;

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2.

Defendants’ motion to dismiss (ECF No. 12) is DENIED; and

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Defendants shall file a responsive pleading within thirty (30) days of entry of this
order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 16, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

b9ed48bb

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