Clewis v. California Prison Health Case Services

Filing 71

ORDER signed by Judge John A. Mendez on 09/11/12 ORDERING that Mercy Hospital of Folsom's 43 Motion to Dismiss is DENIED; this defendant is ordered to file an answer within 21 days. (Benson, 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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MARCUS LARRY CLEWIS,
Plaintiff,

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No. 2: 09-cv-2120 JAM GGH P

vs.

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CALIFORNIA PRISON HEALTH
CARE SERVICES, et al.,
Defendants.
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ORDER

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 August 1, 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 August 1, 2012, are adopted in full;

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2. Defendant Mercy Hospital of Folsom’s motion to dismiss, filed on January 3,

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2012 (docket # 43), is denied, and this defendant is ordered to file an answer within twenty-one

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days of the filed date of this order.

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DATED: September 11, 2012

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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