West v. Pettigrew et al

Filing 62

ORDER signed by Judge John A. Mendez on 3/12/2013 FINDINGS AND RECOMMENDATIONS 58 are ADOPTED in FULL; Defendants' 41 Motion to Dismiss is DENIED; and within 14 days from the date of this order defendants shall file and serve an answer to plaintiff's first amended complaint. (Reader, 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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MACK WEST,

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Plaintiff,

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No. 2:11-cv-1692 JAM JFM P

vs.
R. PETTIGREW, 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 January 8, 2013, 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. Neither

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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. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed January 8, 2013, are adopted in full;

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2. Defendants’ August 27, 2012 motion to dismiss is denied; and

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3. Within fourteen days from the date of this order defendants shall file and serve

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an answer to plaintiff’s first amended complaint.

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DATED: March 12, 2013

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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