United States of America v. Peery

Filing 60

ORDER signed by District Judge John A. Mendez on 01/15/19 ADOPTING 54 FINDINGS AND RECOMMENDATIONS in full; DENYING 47 Motion to Dismiss. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:18-cv-1074 JAM AC PS

v.

ORDER

NEWMAN S. PERRY, JR.,

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Defendant.

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Defendant is proceeding in this action in pro per. The matter was referred to a United

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States Magistrate Judge pursuant to Local Rule 302(c)(21).

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On November 15, 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 twenty-one days. ECF No. 54.

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Defendant has filed amended objections to the findings and recommendations. ECF No. 56.

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Plaintiff has filed a response to the amended objections. ECF No. 57.
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 15, 2018, are adopted in full; and

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2. Defendant’s motion to dismiss (ECF No. 47) is denied.

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DATED: January 15, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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