Bell v. Duffy, et al.

Filing 46

ORDER signed by Judge Garland E. Burrell, Jr. on 5/1/2015 FINDINGS AND RECOMMENDATIONS 41 are ADOPTED in full; Defendants' 32 Motion to Dismiss is DENIED; and Defendants shall file a response to plaintiff's Second Amended Complaint within 20 days of the service of this order. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY BELL,

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No. 2:14-cv-0965 GEB KJN P
Plaintiff,

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v.

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A. PAYAN, 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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 6, 2015, the magistrate judge filed findings and recommendations herein 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 fourteen days. Plaintiff has 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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 6, 2015, are adopted in full;

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2. Defendants’ motion to dismiss (ECF No. 32) is denied; and

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3. Defendants shall file a response to plaintiff’s second amended complaint within twenty

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days of the service of this order.

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Dated: May 1, 2015

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