Coston v. Rahimifar et al

Filing 25

ORDER ADOPTING 24 Findings and Recommendations and DENYING 16 Motion to Dismiss, signed by Chief Judge Lawrence J. O'Neill on 12/21/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL MURPHY COSTON,
Plaintiff,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTION TO DISMISS

v.

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Case No. 1:17-cv-00765-LJO-JDP

ECF Nos. 16, 24

MAJID RAHIMIFAR and MUSHTAQ
AHMED,
Defendants.

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Plaintiff Daniel Murphy Coston 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 October 23, 2018, the assigned Magistrate Judge entered findings and

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recommendations that the Court deny defendant Mushtaq Ahmed’s motion to dismiss.

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ECF No. 24. The parties had an opportunity to object to the findings and recommendations.

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No objections were filed, and the time to do so has now passed.

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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 October 23,
2018, ECF No. 24, are adopted in full;

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Defendant Mushtaq Ahmed’s motion to dismiss, ECF No. 16, is denied; and

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This matter is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

December 21, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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