Trujillo v. Hithe

Filing 74

ORDER adopting 73 FINDINGS AND RECOMMENDATIONS IN FULL signed by District Judge John A. Mendez on 10/27/16: Defendant's motion to dismiss (ECF No. 53) is denied without prejudice to the filing of a motion for summary judgment on the same matter. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

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Plaintiff,

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No. 2:14-cv-0584 JAM AC P

v.

ORDER

HITHE, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 7, 2016, 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. 73. 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:
1. The findings and recommendations filed September 7, 2016, are adopted in full;

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2. Defendant’s motion to dismiss (ECF No. 53) is denied without prejudice to the filing

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of a motion for summary judgment on the same matter.

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DATED: October 27, 2016

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/s/ John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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