ORDER and FINDINGS AND RECOMMENDATIONS
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner proceeding in forma pauperis and with appointed counsel in this civil rights action filed pursuant to 42 U.S.C. § 1983. Presently pending for decision by this court is defendants' motion to dismiss plaintiff's First Amended Complaint and related matters. These matters were heard before the former magistrate judge on August 13, 2009, and was assigned...
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