Opinion
No. 2:05-cv-1086-MCE-DAD-P.
August 8, 2006
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 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 General Order No. 262.
On July 11, 2006, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Neither party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed July 11, 2006, are adopted in full;
2. Defendants' January 17, 2006 motion to dismiss is denied; and
3. Defendant Penner shall file an answer to plaintiff's complaint within the time provided by Rule 12(a)(4)(A) of the Federal Rules of Civil Procedure.