McCurdy v. California Department of Corrections and Rehabilitation et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 3/13/2019 ADOPTING 42 Findings and Recommendations in full and DENYING 26 Motion to Stay. (Huang, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES C. MCCURDY,
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No. 2:17-cv-01736-TLN-CKD
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On November 8, 2018, 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. (ECF No. 42.)
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Defendant Thomas has filed objections to the findings and recommendations. (ECF No. 46.)
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Plaintiff filed a reply to Defendant’s objections. (ECF No. 50.)
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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 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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Accordingly, IT IS HEREBY ORDERED that:
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1. The Findings and Recommendations filed November 8, 2018 (ECF No. 42), are
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adopted in full; and
2. Defendant’s Motion for a Stay (ECF No. 26) is DENIED.
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Dated: March 13, 2019
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Troy L. Nunley
United States District Judge
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