Fordley v. Lizarraga, et al.

Filing 34

ORDER signed by District Judge John A. Mendez on 9/28/2017 ADOPTING 29 Findings and Recommendations in full and DENYING without prejudice 20 Motion to Dismiss. (Donati, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN F. FORDLEY, 12 Plaintiff, 13 14 No. 2:16-cv-1387-JAM-EFB P v. ORDER LIZARRAGA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 3, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed August 3, 2017, are adopted in full; and 27 28 ///// 1 1 2 2. Defendants’ November 18, 2016 motion to dismiss (ECF No. 20) is denied without prejudice. 3 DATED: September 28, 2017 4 /s/ John A. Mendez_____________ _________ 5 UNITED STATES DISTRICT COURT JUDGE 6   7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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