Smith v. Stovall et al
Filing
95
ORDER signed by Judge Lawrence K. Karlton on 7/9/2012 ADOPTING 91 Findings and Recommendations in full; DENYING 78 Motion to Dismiss. (Michel, G)
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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 SMITH,
Plaintiff,
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vs.
R. STOVALL, et al.,
Defendants.
ORDER
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No. 2:08-cv-2492 LKK JFM P
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 May 3, 2012 the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. Defendants have filed
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objections to the findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304, this court has conducted a de novo review of this case. Having carefully reviewed the
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entire file, the court finds the findings and recommendations to be supported by the record and
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by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 3, 2012 are adopted in full; and
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2. Defendants’ November 8, 2011 motion to dismiss is denied
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DATED: July 9, 2012.
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