Develder v. Hirshler et al

Filing 54

ORDER signed by District Judge Troy L. Nunley on 3/23/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/27/16 53 are ADOPTED in full; and Defendant's MOTION to DISMISS 45 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEVELDER,

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No. 2:09-cv-1803-TLN-EFB P

Plaintiff,
v.

ORDER

J. HIRSCHLER, et al.,

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Defendants.

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

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

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

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On January 27, 2016, 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. (ECF No. 53.) 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 January 27, 2016, are adopted in full; and

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2. Defendant’s motion to dismiss (ECF No. 45) is denied.
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Dated: March 23, 2016
Troy L. Nunley
United States District Judge

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