Armentero v. Doe
Filing
70
ORDER ADOPTING 59 FINDINGS AND RECOMMENDATIONS in full signed by Judge Kimberly J. Mueller on 01/04/12 and ORDERING that defendants' 50 Motion to Dismiss is DENIED; defendants shall file an answer to the complaint within 21 days of the date of this order. (Benson, A.)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
LUIS ARMENTERO,
Plaintiff,
11
vs.
12
13
No. CIV S-10-0965 KJM KJN P
K.L. DICKINSON, et al.,
Defendants.
14
ORDER
/
15
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
16
17
seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
18
Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 5, 2011, the magistrate judge filed findings and recommendations, which
19
20
were served on all parties and which contained notice to all parties that any objections to the
21
findings and recommendations were to be filed within twenty-one days.
The magistrate judge recommended that defendants’ motion to dismiss be denied.
22
23
Plaintiff has filed what appears to be further briefing in opposition to defendants’ motion to
24
dismiss. The court construes this filing as responding to the magistrate judge’s
25
recommendations.
26
////
1
1
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
2
304, this court has conducted a de novo review of this case. Having carefully reviewed the file,
3
the court finds the findings and recommendations to be supported by the record and by the
4
proper analysis.
5
Accordingly, IT IS HEREBY ORDERED that:
6
1. The findings and recommendations filed July 5, 2011, are adopted in full; and
7
2. Defendants’ motion to dismiss (ECF No. 50) is denied;
8
3. Defendants shall file an answer to the complaint within twenty-one days of the
9
10
date of this order.
DATED: January 4, 2012.
UNITED STATES DISTRICT JUDGE
11
/arme0965.805
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?