UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 27, 2012
GEORGE GIURBINO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANTS' MOTION TO DISMISS (ECF Nos. 41, 45, 58) RESPONSIVE PLEADING DUE WITHIN THIRTY DAYS
Plaintiff Edward Furnace ("Plaintiff") is a California state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On February 27, 2012, Defendants J. Bales, G. Giurbino, M. Hodges-Wilkins, D. Leon, R. Lopez, L. Warren, and S. Fuentes filed a motion to dismiss on the grounds of res judicata. ECF Nos. 41, 45. 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 September 6, 2012, the Magistrate Judge filed a Findings and Recommendations which was served on the parties and which contained notice to the parties that any objection to the Findings and Recommendations was to be filed within fourteen days. ECF No. 58. No party filed a timely Objection to the Findings and Recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1), 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 September 6, 2012, is adopted in full;
2. Defendants' motion to dismiss on the grounds of res judicata is denied; and
3. Defendants are required to serve and file a responsive pleading to Plaintiff's first amended complaint within thirty (30) days from the date of service of this order.
IT IS SO ORDERED.
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