Dean v. Gonzales

Filing 78

ORDER signed by Chief Judge Morrison C. England, Jr. on 4/25/2013 ORDERING that the 67 findings and recommendations filed 2/8/2013, are ADOPTED IN FULL. Plaintiff's 48 Motion for Default Judgment is DENIED. Defendant Gonzales' 50 Motion to Dismiss is DENIED. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON E. DEAN,
Plaintiff,

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No. 2:10-cv-01355 MCE JFM P

v.
KATHRYN M. GONZALES, et al.,
Defendants.

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

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

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

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On February 8, 2013, the Magistrate Judge filed findings and recommendations herein

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(ECF No. 67) 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.

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Defendant Gonzales and Plaintiff have both filed objections to the findings and

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recommendations. (ECF Nos. 70, 74.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the Court finds the findings and recommendations to be supported by the record and by proper
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analysis.
Accordingly, IT IS HEREBY ORDERED that:
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The findings and recommendations (ECF No. 67) filed February 8, 2013,
are ADOPTED IN FULL;

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2.

Plaintiff’s Motion for Default Judgment (ECF No. 48) is DENIED; and

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3.

Defendant Gonzales’ Motion to Dismiss (ECF No. 50) is DENIED.

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8 Date: April 25, 2013
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___________________________________________
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT
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