Blamey v. Allen et al

Filing 54

ORDER signed by Judge Garland E. Burrell, Jr on 12/5/11 ADOPTING in full 41 FINDINGS AND RECOMMENDATIONS; GRANTING 32 Motion to Dismiss ; Plaintiff is GRANTED 30 days in which to file an amended complaint curing the deficiencies identified in the magistrate judge's 10/6/11 findings and recommendations. (Meuleman, A) Modified on 12/6/2011 (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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RONALD D. BLAMEY,

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Plaintiff,

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vs.

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No. CIV S-10-3470 GEB EFB P

A. ALLEN, 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 October 6, 2011, the magistrate judge filed findings and recommendations

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herein 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 from the

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date the findings and recommendations were served. Plaintiff has filed objections to the findings

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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 entire

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

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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 October 6, 2011, are adopted in full;

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2. Defendant Allen’s motion to dismiss is granted;

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3. Plaintiff is granted thirty days in which to file an amended complaint curing the

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deficiencies identified in the magistrate judge’s October 6, 2011 findings and recommendations.

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So ordered.

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Dated: December 5, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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