Rankins v. Liu et al

Filing 48

ORDER adopting in full 45 FINDINGS AND RECOMMENDATIONS, signed by District Judge Kimberly J. Mueller on 3/19/18. Defendant's 45 motion to dismiss is DENIED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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No. 2:15-cv-01164 KJM DB P

NORMAN RANKINS,

v.

ORDER

ALEXANDER LIU,

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Defendant.

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Plaintiff, Norman Rankins, is a state prisoner proceeding pro se and in forma pauperis in

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an action brought under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 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. Defendant has filed

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objections to the findings and recommendations.

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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 October 31, 2017, are adopted in full; and

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2. Defendant’s motion to dismiss (ECF No. 45) is denied.

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DATED: March 19, 2018.

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UNITED STATES DISTRICT JUDGE

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