Donney v. Beard et al

Filing 19

ORDER signed by District Judge John A. Mendez on 5/20/16 ADOPTING IN FULL 18 Findings and Recommendations, and DENYING 8 Defendants' Motion to Dismiss. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH DONNEY,

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Plaintiff,

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No. 2:15-cv-2530-JAM-EFB P

v.

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 17, 2016, the magistrate judge filed 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. Neither party has filed

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objections to the findings and recommendations.
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:
1. The findings and recommendations filed February 17, 2016, are adopted in full; and

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2. Defendants’ January 8, 2016 motion to dismiss (ECF No. 8) is denied.
DATED: May 20, 2016

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/s/ John A. Mendez

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United States District Court Judge

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