Wilson v. Beard et al
Filing
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ORDER signed by District Judge Morrison C. England, Jr. on 1/2/2019 ADIOPTING the 41 findings and recommendations in full. Defendants' 20 Motion to Dismiss is DENIED. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JASPER F. WILSON,
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Plaintiff,
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No. 2:15-cv-1481 MCE AC P
v.
ORDER
JEFFREY A. BEARD, 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 October 24, 2018, the magistrate judge issued 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. See ECF No. 41.
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Defendants have filed objections to the findings and recommendations. ECF No. 42.
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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///
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations issued October 24, 2018 (ECF No. 41) are
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ADOPTED in full;
2. Defendants’ motion to dismiss (ECF No. 20) is DENIED without prejudice to the
assertion of any defenses on a motion for summary judgment.
IT IS SO ORDERED.
Dated: January 2, 2019
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