Thomas v. Rene Wilkinson , et al

Filing 54

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in FULL 49 ; ORDER GRANTING Defendant Tehrani's Rule 12(b)(6) Motion to Dismiss Claims Against Her as Barred By Statute of Limitations, With Prejudice 31 ; ORDER DISMISSING Defendant Tehrani From This Action, signed by Chief Judge Lawrence J. O'Neill on 3/22/17: This case is referred back to the Magistrate Judge for further proceedings. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSH THOMAS,

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Plaintiff,
vs.
WILKINSON, et al.,
Defendants.

1:15-cv-00527-LJO-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL
(ECF No. 49.)
ORDER GRANTING DEFENDANT
TEHRANI’S RULE 12(b)(6) MOTION TO
DISMISS CLAIMS AGAINST HER AS
BARRED BY STATUTE OF
LIMITATIONS, WITH PREJUDICE
(ECF No. 31.)
ORDER DISMISSING DEFENDANT
TEHRANI FROM THIS ACTION

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Josh Thomas (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. 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.

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On February 10, 2017, findings and recommendations were entered, recommending that

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defendant Tehrani’s Rule 12(b)(6) motion to dismiss the claims against her as barred by the

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statute of limitations be granted, with prejudice, dismissing defendant Tehrani from this case.

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(ECF No. 49.) The parties were granted thirty days in which to file objections to the findings

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and recommendations. (Id.) To date, no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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IN FULL;
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prejudice;
3.

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Defendant Tehrani’s Rule 12(b)(6) motion to dismiss the claims against her as
barred by statute of limitations, filed on August 29, 2016, is GRANTED, with

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The findings and recommendations issued on February 10, 2017, are ADOPTED

Defendant Tehrani is DISMISSED from this action, for Plaintiff’s failure to
state any claims against her upon which relief may be granted; and

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This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 22, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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