Leyva v. Moreno et al

Filing 40

ORDER signed by Senior Judge Lawrence K. Karlton on 8/31/10, ADOPTING IN FULL 39 the findings and recommendations; and Dft's motion to dismiss is DENIED. (Kastilahn, A)

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(PC) Leyva v. Moreno et al Doc. 40 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. MORENO, 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 June 23, 2010, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice to the parties that any objections to the findings and recommendations were to be filed within twenty-one days. Neither side has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that: ///// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH M. LEYVA, Plaintiff, No. CIV S-08-0076 LKK KJM P ORDER Dockets.Justia.com 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 and 1. The findings and recommendations filed June 23, 2010, are adopted in full; 2. Defendant's motion to dismiss is denied. DATED: August 31, 2010. 2

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