Williams v. Swarthout et al

Filing 29

ORDER signed by Judge Lawrence K. Karlton on 3/28/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/31/13 28 are ADOPTED in full; Defendant's MOTION to Dismiss 21 is DENIED, without prejudice to renewal of the defense of qualified immunity on summary judgment. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARIO A. WILLIAMS,
Plaintiff,

12
13
14

No. 2:11-cv-1687 LKK AC (P)

vs.
GARY SWARTHOUT, et al.,
Defendants.

15

ORDER
/

16
17

Plaintiff is a state prisoner who proceed in this action in pro se and in forma

18

pauperis. The matter was referred to a United States Magistrate Judge pursuant to Local Rule

19

302(c)(21).

20

On January 31, 2013, the magistrate judge filed findings and recommendations

21

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

22

objections to the findings and recommendations were to be filed within twenty-eight days.

23

Neither party has filed objections to the findings and recommendations.

24

The court has reviewed the file and finds the findings and recommendations to be

25

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

26

ORDERED that:
1

1
2
3

1. The findings and recommendations filed January 31, 2013, are adopted in full;
and
2. Defendant’s motion to dismiss (ECF No. 21) is denied, without prejudice to

4

renewal of the defense of qualified immunity on summary judgment.

5

DATED: March 28, 2013.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2