Jones v. Senogor et al

Filing 46

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING in FULL 41 Findings and Recommendations. DENYING 37 Motion to Dismiss the first amended complaint 37 , and this matter is REFERRED back to the assigned magistrate judge.(Reader, L)

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Case 2:17-cv-01422-KJM-AC Document 46 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK A. JONES, 12 Plaintiff, 13 14 No. 2:17-cv-1422 KJM AC P v. ORDER SENOGOR, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 27, 2021, the magistrate judge filed findings and recommendations, which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 41. Defendants 23 have filed objections to the findings and recommendations. ECF No. 42. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 Case 2:17-cv-01422-KJM-AC Document 46 Filed 01/17/23 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 27, 2021, ECF No. 41, are adopted in 3 full; 4 5 6 7 2. Defendants’ motion to dismiss the first amended complaint, ECF No. 37, is denied; and 3. This matter is referred back to the assigned magistrate judge. DATED: January 17, 2023. 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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