Smith v. Stovall

Full title: MICHAEL SMITH, Plaintiff, v. R. STOVALL, et al., Defendants.

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

Date published: Jul 9, 2012

No. 2:08-cv-2492 LKK JFM P (E.D. Cal. Jul. 9, 2012)

Opinion

No. 2:08-cv-2492 LKK JFM P

07-09-2012

MICHAEL SMITH, Plaintiff, v. R. STOVALL, et al., Defendants.

LAWRENCE K. KARLTON

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 Rule 302.

On May 3, 2012 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. Defendants have filed objections to the findings and recommendations.

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

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed May 3, 2012 are adopted in full; and
2. Defendants' November 8, 2011 motion to dismiss is denied

______________________

LAWRENCE K. KARLTON

SENIOR JUDGE

UNITED STATES DISTRICT COURT