Golden v. Feudner et al

Filing 22

ORDER ADOPTING 21 FINDINGS and RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 01/23/09 and ORDERING that dfts' 12 Motion to Dismiss is GRANTED IN PART and DENIED IN PART as detailed in order; dft Feudner is directed to file an answer in accordance w/ FRCP; plf's 18 10/02/08 request for preliminary injuction is DENIED. (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. S. FEUDNER, 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 December 11, 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. Neither party 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 ORDER EDWIN GOLDEN, Plaintiff, 2:08-cv-0356-GEB-DAD-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 is denied. full;

1. The findings and recommendations filed December 11, 2008, are adopted in

2. Defendants' May 19, 2008 motion to dismiss (Doc. No. 12) is granted in part and denied in part as follows: a. Defendants' motion to dismiss defendant Sisto from this action is granted; b. Defendants' motion to dismiss plaintiff's retaliation claim is denied; c. Defendants' motion to dismiss plaintiff's due process claim is granted; 3. Defendant Feudner is directed to file an answer in accordance with the Federal Rules of Civil Procedure; and 4. Plaintiff's October 2, 2008 request for a preliminary injunction (Doc. No. 18)

Dated: January 23, 2009

GARLAND E. BURRELL, JR. United States District Judge

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