Avery v. CDCR Dir.

Full title: SHANNON LEWIS AVERY, SR., Plaintiff, v. CDCR DIRECTOR, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 25, 2013

1:07-cv-01175-LJO-GSA-PC (E.D. Cal. Feb. 25, 2013)

Opinion

1:07-cv-01175-LJO-GSA-PC

02-25-2013

SHANNON LEWIS AVERY, SR., Plaintiff, v. CDCR DIRECTOR, et al., Defendants.

Lawrence J. O'Neill

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

(Doc. 114.)

ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR FAILURE

TO PROSECUTE (Doc. 104.)

ORDER REFERRING CASE BACK TO

MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS

Shannon Lewis Avery, Sr. ("Plaintiff") is a former state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On January 18, 2013, findings and recommendations were entered, recommending that Defendants' motion to dismiss this action for failure to prosecute be denied. (Doc. 114.) On February 25, 2013, Plaintiff filed objections. (Doc. 115.)

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff's objections, the Court finds the findings and recommendations to be supported by the record and proper analysis.

Accordingly, THE COURT HEREBY ORDERS that:

1. The Findings and Recommendations issued by the Magistrate Judge on January 18, 2013, are ADOPTED in full with respect to Defendants' motion to dismiss;
2. Defendants' motion to dismiss for failure to prosecute, filed on August 2, 2012, is DENIED; and
3. This case is referred back to the Magistrate Judge for further proceedings, including the resolution of discovery matters.

IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE