Alvarez v. Chavarria et al

Filing 31

ORDER Adopting 29 Findings and Recommendations to Deny Motion to Dismiss 20 , signed by Chief Judge Lawrence J. O'Neill on 5/9/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN CARLOS ALVAREZ,

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Plaintiff,
v.
ALEX CHAVARRIA, et al.,

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Case No. 1:16-cv-00067-LJO-JDP (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
MOTION TO DISMISS
(ECF No. 29)

Defendants.

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Juan Carlos Alvarez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to

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a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 5, 2018, Magistrate Judge Michael J. Seng entered findings and

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recommendations, recommending that Defendant’s motion to dismiss (ECF No. 20) be denied.

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(ECF No. 29.) The parties were given an opportunity to object to the findings and

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recommendations within fourteen days. No objections were 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, IT IS ORDERED that:

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1.

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The findings and recommendations issued by the magistrate judge on April 5,
2018, (ECF No. 29), are ADOPTED IN FULL; and

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Defendant’s motion to dismiss (ECF No. 20) is denied.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 9, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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