Randall v. McDonald et al
Filing
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ORDER signed by Judge Kimberly J. Mueller on 9/7/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/14/11 37 are ADOPTED in full; Defendants' MOTION TO DISMISS for failure to exhaust administrative remedies 20 is DENIED. Defendants shall file an answer to the complaint within twenty-one days of the date of this order. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JERALD RANDALL,
Plaintiff,
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No. 2:09-cv-2765-KJM-KJN-P
vs.
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M. D. McDONALD, et al.,
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Defendants.
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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 14, 2011, the magistrate judge filed findings and recommendations,
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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 twenty-one days. Neither party has
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filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United
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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). Having carefully reviewed the file, the court finds the findings and recommendations to
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be supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 14, 2011, are adopted in full.
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2. Defendants’ motion to dismiss for failure to exhaust administrative remedies
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(ECF 20) is denied; defendants shall file an answer to the complaint within twenty-one days of
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the date of this order.
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DATED: September 7, 2011.
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UNITED STATES DISTRICT JUDGE
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/rand2765.801
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