James v. Mehta
Filing
86
ORDER signed by Judge Lawrence K. Karlton on 11/13/2012 FINDINGS AND RECOMMENDATIONS # 81 are ADOPTED in FULL; Defendant Capitano's # 69 Motion to Set Aside Default is GRANTED; and Defendant Capitano's answer # 82 is DEEMED timely filed. (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 CORNELIUS JAMES,
Plaintiff,
11
12
13
14
vs.
DEEPAK MEHTA, et al.,
Defendants.
ORDER
/
15
16
No. 2:10-cv-1171 LKK DAD P
Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights
17
action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
18
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
19
On August 28, 2012, 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. Plaintiff
22
has filed objections to the findings and recommendations. Defendant Capitano filed a reply to
23
plaintiff’s objections.
24
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
25
304, this court has conducted a de novo review of this case. Having carefully reviewed the
26
entire file, the court finds the findings and recommendations to be supported by the record and
1
1
by proper analysis.
2
Accordingly, IT IS HEREBY ORDERED that:
3
1. The findings and recommendations filed August 28, 2012, are adopted in full;
4
2. Defendant Capitano’s motion to set aside default (Doc. No. 69) is granted; and
5
3. Defendant Capitano’s answer filed September 11, 2012 (Doc. No. 82), is
6
deemed timely filed.
7
DATED: November 13, 2012.
8
9
10
11
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?