Gomez v. McDonald et al

Filing 29

ORDER signed by Judge Lawrence K. Karlton on 8/23/13 ADOPTING in full 28 Findings and Recommendatons; DENYING 18 Motion to Dismiss. Defendants are DIRECTED to file an answer in response to plaintiff's Fourteenth Amendment and Eighth Amendment claims within 30 days. (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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ALFREDO GOMEZ,
Plaintiff,

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No. 2:11-cv-0649 LKK DAD P

vs.

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MIKE McDONALD et al.,

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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.
On July 23, 2013, the magistrate judge filed findings and recommendations herein

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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 fourteen days. Neither party has filed

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objections to the findings and recommendations.
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 July 23, 2013, are adopted in full;

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2. Defendants’ motion to dismiss (Doc. No. 18) is denied; and

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3. Defendants are directed to file an answer in response to plaintiff’s Fourteenth

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Amendment and Eighth Amendment claims within thirty days.

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DATED: August 23, 2013.

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