Corbett v. Hawkins et al

Filing 37

ORDER signed by Judge John A. Mendez on 12/11/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/2/12 34 are ADOTED in full; Defendants' 4/9/12 MOTION to Dismiss 17 is GRANTED IN PART with leave to amend to Plaintiff as set forht in the 11/2/12 Findings and Recommendations; and Plaintiff shall have thirty (30) days of the date of this order in which to file a Amended Complaint. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CORBETT,

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Plaintiff,

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vs.
R. MICHAEL HAWKINS, et al.,
Defendants.

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No. 2: 11-cv-1197 JAM JFM (PC)

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 November 2, 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 days. Neither

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party has filed 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. The court has reviewed the file and

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

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judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 2, 2012, are adopted in

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full;
2. Defendants’ April 9, 2012 motion to dismiss (Dkt. No. 17.) is GRANTED IN

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PART with leave to amend to plaintiff as set forth in the November 2, 2012 findings and

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recommendations; and

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3. Plaintiff shall have thirty (30) days of the date of this order in which to file an

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amended complaint.

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DATED: December 11, 2012

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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