Hughes v. CDCR

Filing 81

ORDER signed by District Judge Kimberly J. Mueller on 3/10/2016 FINDINGS AND RECOMMENDATIONS 76 are ADOPTED in FULL; and Defendant's 52 Motion to Dismiss for Lack of Prosecution is DENIED. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BERNARD HUGHES, 12 Plaintiff, 13 14 No. 2:11-cv-1856-KJM-EFB P v. ORDER MARTIN H. JANSEN, M.D., et al., 15 Defendants. 16 17 Plaintiff, a state prisoner now proceeding through appointed counsel, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 24, 2016, the magistrate judge filed findings and recommendations, which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed February 24, 2016, are adopted in full; and 27 28 ///// 1 1 2 2. Defendant’s motion to dismiss for lack of prosecution (ECF No. 52) is denied. DATED: March 10, 2016 3 4 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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