Rouser v. Rutherford et al

Filing 28

ORDER ADOPTING 24 FINDINGS and RECOMMENDATIONS in full signed by Judge John A. Mendez on 01/08/09 and ORDERING that dfts' 19 Motion to Dismiss is DENIED; dfts shall file an answer w/i 30 days. (Benson, A.)

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. K. RUTHERFORD, 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 September 15, 2008, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Defendants have filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72304, 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. 1 ORDER WILLIAM ROUSER, Plaintiff, No. CIV S-07-1107 JAM GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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 rou1107.jo full;

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed September 15, 2008, are adopted in

2. Defendants' July 21, 2008, motion to dismiss (no. 19) is denied; within thirty days of the date of this order, defendants shall file an answer. DATED: January 8, 2009

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

2