Huynh v. Hubbard et al

Filing 47

ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/2013 ADOPTING 39 Findings and Recommendation in Full and GRANTING-IN-PART and DENYING-IN-PART 28 Motion to Dismiss. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAI HUYNH,
Plaintiff,

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No. 2:09-cv-01979 MCE CKD P

v.
CALLISON, et al.,
Defendants.

ORDER
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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

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

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On January 29, 2013, the Magistrate Judge filed findings and recommendations herein

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(ECF No. 39) 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. On

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February 26, 2013, Plaintiff was granted a 30 day extension of time to file objections. (ECF No.

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46.) Neither 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.

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Accordingly, IT IS HEREBY ORDERED that:
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The findings and recommendations (ECF No. 39) filed January 29, 2013,

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are ADOPTED IN FULL.

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A.

Accordingly, Defendants’ July 23, 2012, Motion to Dismiss (ECF

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No. 28) is GRANTED to the following extent: Plaintiff’s claims

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against all remaining defendants are limited to the period of time

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between April 13, 2006 and October 25, 2006; and

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B.

DENIED in all other respects.

8 Date: March 27, 2013
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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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