Graham v. Jaffe et al

Filing 72

ORDER signed by Judge Garland E. Burrell, Jr. on 8/8/2012 ORDERING that the 70 findings and recommendations filed 7/3/2012, are ADOPTED in full. Defendants' 2/2/2012 62 motion to dismiss is DENIED. This action is STAYED for a period of four months from the date of this order. Defendants shall file an answer within fourteen days from any order lifting the stay in this action. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY GRAHAM,

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Plaintiff,

No. 2:08-cv-2533 GEB KJN P

Defendants.

ORDER

vs.
JUBB, et al.,

/
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 July 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. Neither party has filed

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objections to the findings and recommendations.

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On July 19, 2012, plaintiff filed a request for the status of his motions filed in

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April. Plaintiff did not provide a certificate of service or date the request, However, it appears

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that plaintiff had not yet received the July 3, 2002 findings and recommendations at the time he

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submitted the July 19, 2012 filing to prison officials for mailing. Plaintiff is still incarcerated at
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the California Medical Facility, where the findings and recommendations were served, and from

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which plaintiff sent the July 19, 2012 request. Fourteen more days have now passed, and

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plaintiff has not filed objections.

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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 July 3, 2012, are adopted in full;

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2. Defendants’ February 2, 2012 motion to dismiss (dkt no. 62) is denied;

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3. This action is stayed for a period of four months from the date of this order;

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and
4. Defendants shall file an answer within fourteen days from any order lifting the

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stay in this action.

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Dated: August 8, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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