Gray v. Virga, et al.
Filing
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ORDER signed by Judge Kimberly J. Mueller on 3/31/2014 ORDERING 36 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 14 Motion to Dismiss is GRANTED as to defendants Wangombe and Phelps; and DENIED with respect to defendants Virga, Nielson, Starnes and Gam; and defendants Virga, Nielson, Starnes and Gam are directed to file an answer to the complaint within 30 days from the date of this order. (Waggoner, D)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BERNARDOS GRAY, JR.,
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Plaintiff,
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v.
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No. 2:12-cv-3006 KJM AC P
T. VIRGA, et al.,
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ORDER
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 as provided
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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 27, 2014, the magistrate judge filed findings and recommendations, which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within twenty-one days. Defendants have filed
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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed January 27, 2014 are adopted in full;
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2. The motion to dismiss for failure to exhaust administrative remedies (ECF No. 14) is
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granted as to defendant Wangombe and Phelps, and denied with respect to defendants Virga,
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Nielson, Starnes and Gam; and
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3. Defendants Virga, Nielson, Starnes and Gam are directed to file an answer to the
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complaint within 30 days from the date of this order.
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DATED: March 31, 2014.
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UNITED STATES DISTRICT JUDGE
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