Maldonado v. Rodriquez et al

Filing 43

ORDER ADOPTING 39 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 01/19/12 and ORDERING that defendant Gandy's 20 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART; plaintiff's 37 Motion to Supplement his complaint is DENIED as moot. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIO MALDONADO,

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Plaintiff,

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No. CIV S-10-1944 GEB DAD P

vs.
RODRIGUEZ, 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 December 8, 2011, the magistrate judge filed findings and recommendations

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herein which were served on plaintiff and defendant Gandy and which contained notice to them

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that any objections to the findings and recommendations were to be filed within twenty-one days.

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Neither party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed December 8, 2011, are adopted in
full;

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2. Defendant Gandy’s motion to dismiss (Doc. No. 20) is granted in part and
denied in part as follows:

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a. Defendant’s motion to dismiss pursuant to Rule 12(b)(6) is denied;

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b. Defendant’s motion to dismiss pursuant to unenumerated Rule 12(b) is

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granted; and

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3. Plaintiff’s motion to supplement his complaint (Doc. No. 37) is denied as
moot.
Dated: January 19, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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