Smith v. Rodriguez et al
Filing
54
ORDER signed by Judge John A. Mendez on 3/5/2015 FINDINGS AND RECOMMENDATIONS 36 are ADOPTED in FULL; and the motion to dismiss 20 filed by defendants Rodriguez and Singh is DENIED. (Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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EARL D. SMITH,
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Plaintiff,
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No. 2:13-cv-2192 JAM AC P
v.
ORDER
R. RODRIGUEZ, 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.
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On December 23, 2014, 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. ECF No. 36. 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. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed December 23, 2014, are adopted in full; and
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2. The motion to dismiss, ECF No. 20, filed by defendants Rodriguez and Singh is
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denied.
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DATED: March 5, 2015
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/s/ John A. Mendez_______________________
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UNITED STATES DISTRICT COURT JUDGE
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