Jimenez v. Horel

Filing 51

ORDER signed by Judge Kimberly J. Mueller on 3/20/12 ADOPTING in full 49 FINDINGS AND RECOMMENDATIONS; DENYING without prejudice 37 Motion for Judgment on the pleadings as to plaintiff's claim that defendant Whitfield failed to provide plaintiff an opportunity to air his views; and GRANTING 37 in all other respects. All the defendants, except defendant Whitfield, are GRANTED judgment on the pleadings. (Meuleman, 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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ROBERT CHRISTOPHER JIMENEZ,

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Plaintiff,

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vs.
J. WHITFIELD, et al.,
Defendants.

ORDER
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No. CIV S-10-2943 KJM KJN P

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

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On January 25, 2012, the magistrate judge filed findings and recommendations,

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed

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objections to the findings and recommendations.

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

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

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the court finds the findings and recommendations to be supported by the record and by the

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 25, 2012, are adopted in full;

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2. Defendants’ August 25, 2011 motion for judgment on the pleadings

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(ECF No. 37) is denied without prejudice as to plaintiff’s claim that defendant Whitfield failed to

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provide plaintiff an opportunity to air his views; and

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3. Defendants’ motion (ECF No. 37) is granted in all other respects. All the

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defendants, except defendant Whitfield, are granted judgment on the pleadings.

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DATED: March 20, 2012.

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UNITED STATES DISTRICT JUDGE

/jime2943.805

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