Garcia v. Balagso et al

Filing 43

ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS and Denying Defendant's 27 Motion to Dismiss signed by Chief Judge Lawrence J. O'Neill on 08/29/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO GARCIA,

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Plaintiff,

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v.

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PURDY,

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No. 1:14-cv-00999 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT’S MOTION TO DISMISS
(Document 42)

Defendant.

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Plaintiff Alejandro Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June

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2, 2014, in the United States District Court for the Southern District of California, and it was

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transferred to this Court on June 24, 2014.
Defendant Purdy filed a motion to dismiss pursuant to Federal Rule of Civil Procedure

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12(b)(6) on March 18, 2016. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 22, 2016, the Magistrate Judge issued Findings and Recommendations that the

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motion be denied. The Findings and Recommendations were served on the parties and contained

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notice that any objections must be filed within thirty (30) days. Over thirty (30) days have passed

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and neither party has filed objections.

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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 this 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 proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed July 22, 2016, are adopted in full;

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2.

Defendant’s motion to dismiss (Document 27) is DENIED; and

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3.

Defendant SHALL file a response to the Second Amended Complaint within thirty

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(30) days of the date of service of this order.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 29, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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