Mitchell v. Snowden et al

Filing 52

ORDER signed by Judge John A. Mendez on 5/2/11 ORDERING that the findings and recommendations filed March 7, 2011, are adopted in full. Defendant Compton's 20 June 1, 2010 motion to dismiss (Doc. No. 20) is DENIED. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. MITCHELL,

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Plaintiff,

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vs.

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No. CIV S-08-1658 JAM DAD P

SNOWDEN, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 7, 2011, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed March 7, 2011, are adopted in full;

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2. Defendant Compton’s June 1, 2010 motion to dismiss (Doc. No. 20) is denied.

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DATED: May 2, 2011

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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