Perez v. Sisto et al

Filing 38

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 30 , in full, signed by Judge Morrison C. England, Jr. on 2/19/2009. The 16 Motion to Dismiss by defendants - Orrick, B. C. Roszko, E. Sandy, Durfey, and Flete is GRANTED and this case shall proceed ONLY as to defendants who have previously answered. (Marciel, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D.K. SISTO, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On January 8, 2009, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within twenty days. Plaintiff has filed objections to the findings and recommendations. /// /// /// 1 JOSE MANUEL PEREZ, Plaintiff, ORDER No. 2:06-cv-02090-MCE-GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed January 8, 2009, are adopted in full; and 2. The motion to dismiss, filed on 3/04/08 (Docket # 16), by defendants Durfey, Flete, Orrick, Roszko, and Sandy is granted, and this case shall proceed only as to the defendants who have previously answered. Dated: February 19, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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