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Richard Manuel Burgos v. Matthew L. Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 14, 2013

RICHARD MANUEL BURGOS,
PLAINTIFF,
v.
MATTHEW L. CATE, ET AL., DEFENDANTS.

ORDER

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.

On December 17, 2012, the Magistrate Judge filed findings and recommendations herein (ECF No. 46) which were served on the parties and which contained notice that the parties may file objections within a specified time. Timely objections*fn1 to the findings and recommendations have been filed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), 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 December 17, 2012 (ECF No. 46) are ADOPTED IN FULL; and

2. Defendants' motion to dismiss (ECF No. 23) is GRANTED IN PART;

3. Plaintiff's claims relating to the denial of unlimited toilet flushes is dismissed, the Doe defendants are dismissed, and this action shall continue on Plaintiff's claims relating to the foam mattress and pillows against Defendants Capel, Clay and Haseltine; and

4. Defendants Capel, Clay and Haseltine shall file an answer to Plaintiff's First Amended Complaint within 14 days from the date this Order is electronically filed.

DATED:


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