Jones v. David, et al

Filing 58

ORDER signed by Judge Morrison C. England, Jr on 1/27/12 ORDERING that the findings and recommendations filed December 28, 2011 53 , are ADOPTED in full; and the November 15, 2011 motion to dismiss filed by defendant Holmes isGRANTED. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIK JONES,

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Plaintiff,

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vs.

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No. CIV S-09-3174 MCE CKD P

A. DAVID, et al.,

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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 General Order No. 262.

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On December 28, 2011, 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. Plaintiff

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has filed objections to the findings and recommendations.

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

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by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 28, 2011 (ECF No. 53), are

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ADOPTED in full; and

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2. The November 15, 2011 motion to dismiss filed by defendant Holmes is
GRANTED.
Dated: January 27, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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