Turner v. Dickinson et al

Filing 31

ORDER ADOPTING 29 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 9/5/2011. Defendants' 19 Motion to Dismiss Amended Complaint is DENIED. Within 30 days from service of Order, defendant Rohrer is ordered to file his Answer. (Marciel, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

NATHAN KEVIN TURNER,

11
12
13
14

Plaintiff,
vs.
KATHLINE DICKINSON, et al.,
Defendants.

15
16

No. CIV S-09-0632 GEB DAD P

ORDER
/

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

17

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

18

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

19

On July 19, 2011, the magistrate judge filed findings and recommendations herein

20

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

21

the findings and recommendations were to be filed within twenty-one days. Defendant Rohrer

22

has filed objections to the findings and recommendations.

23

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

24

304, this court has conducted a de novo review of this case. Having carefully reviewed the

25

entire file, the court finds the findings and recommendations to be supported by the record and by

26

proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed July 19, 2011 are adopted in full;

3

2. Defendant’s January 14, 2011 motion to dismiss the amended complaint for

4
5

failure to exhaust administrative remedies (Doc. No. 19) is denied; and
3. Within thirty days from the service of this order, defendant Rohrer is ordered

6

to file his answer.

7

Dated: September 5, 2011

8
9
10

GARLAND E. BURRELL, JR.
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2