Hubbard v. Hougland et al

Filing 110

ORDER signed by Judge John A. Mendez on 10/24/12 ADOPTING IN FULL 107 Findings and Recommendations; DENYING 39 Motion to Dismiss. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL HUBBARD,

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Plaintiff,

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No. 2:09-cv-0939 JAM GGH P

vs.
C.D. HOUGLAND, et al.,

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ORDER

Defendants.

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/

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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 September 27, 2012, 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 September 27, 2012, are adopted in
full;

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2. The motion to dismiss for failure to exhaust administrative remedies (Doc. 39)

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is denied.

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DATED: October 24, 2012

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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