Sadiq v. Roberts

Full title: JABIR SADIQ, Plaintiff, v. LT. ROBERTS, et al., Defendants

Court: United States District Court, E.D. California

Date published: Sep 30, 2011

No. CIV S-09-1171 LKK EFB P (E.D. Cal. Sep. 30, 2011)

Opinion

No. CIV S-09-1171 LKK EFB P.

September 30, 2011

ORDER

LAWRENCE KARLTON, Senior District Judge

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 Rule 302.

On August 30, 2011, 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 fourteen 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 August 30, 2011, are adopted in full; and

2. Defendants' October 27, 2010 unenumerated Rule 12(b) motion to dismiss for failure to exhaust administrative remedies is denied without prejudice.

DATED: September 29, 2011.