Bontemps v. Sotak et al

Filing 61

ORDER signed by Judge Lawrence K. Karlton on 2/19/2013 ADOPTING 59 Findings and Recommendations in full; DENYING 40 Motion to Revoke Plaintiff's IFP Status; DENYING 50 Motion to Dismiss; DIRECTING Defendants Smith and Sotak to file responsive pleadings in accordance with the requirements set forth in F.R.Cv.P. Rule 12. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,
Plaintiff,

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vs.

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No. 2:09-cv-2115 LKK EFB P

SOTAK, et al.,
Defendants.

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ORDER
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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.
On January 16, 2013, 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 from the

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date the findings and recommendations were served. Defendant Smith has filed objections to the

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findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the

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entire
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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 16, 2013 are adopted in full;

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2. Defendants’ motion to revoke plaintiff’s in forma pauperis status (Dckt. No.

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40) is denied;

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3. Defendant Sotak’s motion to dismiss for failure to state a claim (Dckt. No. 50)
is denied; and
4. Defendants Smith and Sotak are directed to file a responsive pleading in

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accordance with the requirements set forth in Rule 12 of the Federal Rules of Civil Procedure.

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DATED: February 19, 2013.

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