Payne v. Martin et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 8/15/2013 ORDERING 47 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 29 Motion to Dismiss is GRANTED, defendant J. C. Bax (Correctional Officer) terminated.(Waggoner, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEE THIEL PAYNE,
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Plaintiff,
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vs.
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No. 2:11-cv-1970 TLN EFB P
J. MARTIN, 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 May 24, 2013, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days from the date the
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findings and recommendations were served. Plaintiff has filed objections to the findings and
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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. Having carefully reviewed the entire
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file, the court finds the findings and recommendations to be supported by the record and by
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 24, 2013, are adopted in full; and
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2. Defendants’ motion to dismiss Defendant Bax for failure to exhaust
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administrative remedies (Dckt. No. 29) is granted.
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So ordered.
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DATED: August 15, 2013.
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Troy L. Nunley
United States District Judge
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