Salado v. Sisto et al

Filing 28

ORDER signed by Judge Lawrence K. Karlton on 3/16/12: The findings and recommendations filed February 6, 2012, are adopted in full 26 and defendant Rice's July 19, 2011 motion to dismiss is granted 15 .(Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN SALCIDO,
Plaintiff,

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No. 2:11-0611 LKK KJN P

vs.
D. K. SISTO, Warden, et al.,
Defendants.

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 February 6, 2012, 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 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, except as to the magistrate

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judge’s implication that plaintiff needs to “set forth the exact words he told defendant Conrad.”

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Order, ECF No. 26, at 10. Plaintiff may be able to “set forth specific facts as to what he told
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defendant Conrad,” id., without needing to recall the conversation verbatim. Accordingly, IT IS

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HEREBY ORDERED that:

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1. The findings and recommendations filed February 6, 2012, are adopted in full;
and
2. Defendant Rice’s July 19, 2011 motion to dismiss (dkt no. 15) is granted.
DATED: March 16, 2012.

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