Hill v. Hall et al

Filing 21

ORDER signed by Judge Morrison C. England, Jr. on 2/7/12; The findings and recommendations filed November 10, 2011 (ECF No. 18), are ADOPTED in full; The March 3, 2011 (ECF No. 13), motion to dismiss filed by defendants McAlpine, Nangalama, and Hall is DENIED; and Defendants McAlpine, Nangalama, and Hall are ordered to file an answer to the complaint within the time provided in Rule 12 of the Federal Rules of Civil Procedure. (Matson, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH HILL, 12 Plaintiff, 13 14 No. 2:10-cv-01896-MCE-EFB P vs. ORDER J. HALL, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 10, 2011, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 Court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed November 10, 2011 (ECF No. 18), are 7 8 9 10 11 12 ADOPTED in full; 2. The March 3, 2011 (ECF No. 13), motion to dismiss filed by defendants McAlpine, Nangalama, and Hall is DENIED; and 3. Defendants McAlpine, Nangalama, and Hall are ordered to file an answer to the complaint within the time provided in Rule 12 of the Federal Rules of Civil Procedure. Dated: February 7, 2012 13 14 15 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2

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