Smith v. Kiesz et al

Filing 24

ORDER signed by Judge John A. Mendez on 9/11/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/20/12 21 are ADOPTED in full; The MOTION to DISMISS 16 is DENIED; and Defendant shall file an answer within thirty days of the filed date of this order. (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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DAVID SMITH,

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Plaintiff,

Defendant.

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No. 2:11-cv-1918 JAM CKD P

ORDER

vs.
KIESZ,

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/

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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 June 20, 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-one 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 June 20, 2012, are adopted in full;

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2. The motion to dismiss (Docket No. 16) is DENIED; and

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3. Defendant shall file an answer within thirty days of the filed date of this order.

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DATED: September 11, 2012

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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