Robinson v. Kate et al
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/27/13 44 are ADOPTED in full; Defendants' MOTION TO DISMISS 40 is DENIED to the extent that it seeks dismissal of Defendant Giurbino; The MOTION TO DISMISS 40 , is GRANTED to the extent that it seeks dismissal of Defendant Cate; and Defendant Giurbino shall file an answer to Plaintiff's First Amended Complaint within twenty eight days of the filing date of this order. Matthew Cate TERMINATED.(Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANDRE JAMAL ROBINSON,
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Plaintiff,
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No. 2:11-cv-02555 MCE AC P
v.
ORDER
MATTHEW CATE, ET AL.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 27, 2013, the Magistrate Judge filed findings and recommendations herein,
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ECF No. 44, 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.
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.
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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations, ECF No. 44, filed December 27, 2013, are
ADOPTED IN FULL;
2. Defendant’s motion to dismiss, ECF No. 40, is DENIED to the extent that it seeks
dismissal of Defendant Giurbino;
3. The motion to dismiss, ECF No. 40, is GRANTED to the extent that it seeks dismissal
of Defendant Cate; and,
4. Defendant Giurbino shall file an answer to Plaintiff’s First Amended Complaint within
twenty eight days of the filing date of this order.
IT IS SO ORDERED.
Dated: February 4, 2014
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