Reece v. Sisto et al

Filing 32

ORDER signed by Judge John A. Mendez on 9/28/2011 FINDINGS AND RECOMMENDATIONS 29 are ADOPTED in FULL; Defendant's 17 Motion to Dismiss plaintiff's equal protection claim pursuant to Rule 12(b)(6) is DENIED. (Reader, L)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

CHARLES G. REECE,

11

Plaintiff,

12

vs.

13

No. CIV S-10-0203 JAM EFB P

D.K. SISTO, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

17

seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

18

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

19

On August 9, 2011, the magistrate judge filed findings and recommendations

20

herein which were served on all parties and which contained notice to all parties that any

21

objections to the findings and recommendations were to be filed within fourteen days. Neither

22

party has filed objections to the findings and recommendations.

23

The court has reviewed the file and finds the findings and recommendations to be

24

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

25

ORDERED that:

26

/////
1

1
2
3

1. The findings and recommendations filed August 9, 2011, are adopted in full;
and
2. Defendants’ November 19, 2010 motion to dismiss plaintiff’s equal protection

4

claim pursuant to Rule 12(b)(6) is denied.

5

DATED: September 28, 2011

6
7

/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2