Baldwin v. California Department of Corrections and Rehabilitation et al

Filing 46

ORDER signed by Judge William B. Shubb on 12/09/09 ORDERING that the findings and recommendations filed October 23, 2009, are adopted in full; Defendants' October 16, 2009 42 request for stay of this action pending resolution of the interlocutory appeal in this matter is granted; and Defendants are granted an extension of time until fourteen (14) days following the Ninth Circuit's ruling on the interlocutory appeal to file a responsive pleading. (Becknal, R)

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. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 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 October 23, 2009, 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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GREGORY V. BALDWIN, Plaintiff, No. CIV S-09-0711 WBS GGH P

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bald0711.801-2

1. The findings and recommendations filed October 23, 2009, are adopted in full; 2. Defendants' October 16, 2009 (docket #42) request for stay of this action pending resolution of the interlocutory appeal in this matter is granted; and 3. Defendants are granted an extension of time until fourteen (14) days following the Ninth Circuit's ruling on the interlocutory appeal to file a responsive pleading. DATED: December 9, 2009

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