Hernandez v. Yates et al

Filing 43

ORDER ADOPTING 42 Findings and Recommendations, DENYING Defendants; Motion to Strike Surreply, DENYING Motion for Judgment on the Pleadings, DENYING Motion for Severance, and DIRECTING Defendants to File Further Response to Complaint Within Thirty Days, signed by District Judge Lawrence J. O'Neill on 12/31/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY HERNANDEZ,

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Plaintiff,

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v.
M. MARTINEZ, et al.,

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Defendants.

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Case No.: 1:10-cv-01064-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
DEFENDANTS’ MOTION TO STRIKE
SURREPLY, DENYING MOTION FOR
JUDGMENT ON THE PLEADINGS, DENYING
MOTION FOR SEVERANCE, AND DIRECTING
DEFENDANTS TO FILE FURTHER RESPONSE
TO COMPLAINT WITHIHN THIRTY DAYS
[ECF Nos. 32, 34, 41, 42]

Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On November 12, 2014, the Magistrate Judge issued a Findings and Recommendation to deny

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Defendants’ motion to strike Plaintiff’s surreply, deny Defendants’ motion for judgment on the

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pleadings, and deny Defendants’ motion for severance. (ECF No. 42.) The Findings and

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Recommendations were served on both parties and contained notice that objections were to be filed

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within thirty days. The thirty day time frame has expired and no objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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and

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2.

Defendants’ motion to strike Plaintiff’s surreply is DENIED;

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3.

Defendants’ motion for judgment on the pleadings is DENIED, to renewal by way of a

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motion for summary judgment;

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4.

Defendants’ motion for severance is DENIED, without prejudice; and

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5.

Defendants shall file a further response to the operative complaint within thirty (30)

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days from the date of service of this order.

The Findings and Recommendations, filed on November 12, 2014, is adopted in full;

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 31, 2014

UNITED STATES DISTRICT JUDGE

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