King v. Wang et al

Filing 47

ORDER ADOPTING 46 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 10/03/17 DENYING defendant's 42 Motion to Dismiss; Defendant is directed to file an answer within 10 days. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID KING,

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No. 2:14-cv-1817 KJM DB P
Plaintiff,

v.

ORDER

WANG,

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Defendant.

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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.

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On July 27, 2017, the magistrate judge filed findings and recommendations, which were

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served on the parties and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen days. Neither party has filed objections to the

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findings and recommendations.

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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 July 27, 2017, are adopted in full;

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2. Defendant’s motion to dismiss (ECF No. 42) is denied; and

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3. Defendant is directed to file an answer within ten (10) days from the date of this order.

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DATED: October 3, 2017.

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UNITED STATES DISTRICT JUDGE

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