McCoy v. Garikaparthi et al

Filing 48

ORDER ADOPTING 47 FINDINGS AND RECOMMENDATIONS Denying 39 Motion to Dismiss signed by District Judge Dale A. Drozd on 03/02/2017.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,

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Plaintiff,

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No. 1:13-cv-01495-DAD-BAM

v.
M. GARIKAPARTHI et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
DEFENDANTS’ MOTION TO DISMISS
(Doc. Nos. 39, 47)

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Plaintiff LaKeith L. McCoy is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action filed on September 16, 2013. (Doc. Nos. 1, 5.) On February 1, 2017, the

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assigned magistrate judge issued findings and recommendations recommending that defendants’

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motion to dismiss be denied. (Doc. No. 47.) Those findings and recommendations were served

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on the parties and contained notice that any objections thereto were to be filed within fourteen

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days after service of the findings and recommendations. (Id. at 10.) No objections have been

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filed and the time provided for doing so has now passed.

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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 the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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1. The February 1, 2017 findings and recommendations (Doc. No. 47) are adopted in

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full;

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2. Defendants’ motion to dismiss (Doc. No. 39) is denied; and

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3. This action is referred back to the assigned magistrate judge for further proceedings

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consistent with this order.
IT IS SO ORDERED.
Dated:

March 2, 2017
UNITED STATES DISTRICT JUDGE

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