Ortiz v. Reynolds et al

Filing 57

ORDER signed by Judge Morrison C. England, Jr. on 9/20/2012 ADOPTING 47 Findings and Recommendations in full; GRANTING 24 Motion to Dismiss; GRANTING 41 Motion to Strike; STRIKING 38 Sur-Reply to the Motion to Dismiss. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE B. ORTIZ,

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Plaintiff,

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No. 2:10-cv-1380 MCE EFB P

vs.
J. REYNOLDS, 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 Rule 302.

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On June 28, 2012, the magistrate judge filed findings and recommendations

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herein (ECF No. 47) which were served on all parties and which contained notice to all parties

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that any objections to the findings and recommendations were to be filed within fourteen days.

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Despite plaintiff being granted an extension of time, neither party has filed objections to the

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findings and recommendations.

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

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the 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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1. The findings and recommendations (ECF No. 47) filed June 28, 2012, are
ADOPTED IN FULL;
2. The September 6, 2011 motion to dismiss filed by Defendant Miranda (ECF
No. 24) is GRANTED; and

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3. The March 29, 2012 motion to strike filed by Defendant Miranda (ECF No.

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41) is GRANTED, and Plaintiff’s March 21, 2012 surreply to the motion to dismiss (ECF No.

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38) is STRICKEN.

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Dated: September 20, 2012

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

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