Brooks v. Haviland et al

Filing 29

ORDER signed by Judge Garland E. Burrell, Jr on 8/6/10 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/2/10 26 are ADOPTED in full; Defendants MOTION to Dismiss 18 is DENIED.(Mena-Sanchez, L)

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(PC) Brook v. Haviland et al Doc. 29 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. J.W. HAVILAND, 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 July 2, 2010, 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-one days. Defendants have filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RONALD BROOK, Plaintiff, No. CIV S-09-1364 GEB KJM P ORDER 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 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed July 2, 2010, are adopted in full; and 2. Defendants' motion to dismiss (docket no. 18) is denied Dated: August 6, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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