Berrera v. Sivyer et al

Filing 45

ORDER signed by District Judge Kimberly J. Mueller on 9/28/2017 ADOPTING in full the 43 findings and recommendations filed 8/31/2017, and DENYING defendants' 34 motion to dismiss. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERNESTO BERRERA,

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No. 2:15-cv-0610-KJM-EFB P

Plaintiff,

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v.

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J. SIVYER, 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 August 31, 2017, 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 fourteen 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 file, the court

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finds the findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 31, 2017, are adopted in full; and

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2. Defendants’ November 16, 2016 motion to dismiss (ECF No. 34) is denied.

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DATED: September 28, 2017.

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UNITED STATES DISTRICT JUDGE

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