IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 2, 2009
RENO FUENTES RIOS, PLAINTIFF,
J.E. TILTON, ET AL., DEFENDANTS.
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 January 26, 2009, 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 fifteen 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 January 26, 2009, are adopted in full;
2. Defendants' July 25, 2008 motion to dismiss (Doc. No. 19) is granted in part and denied in part as follows:
a. Defendants' motion to dismiss for failure to state a cognizable claim against defendants Tilton and Lockwood is denied;
b. Defendants' motion to dismiss for failure to state a retaliation claim against defendant Mayfield is denied; and
c. Defendants' motion to dismiss for failure to state a due process claim against defendant Mayfield is granted.
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