Baldhosky v. Hubbard et al

Filing 82

DECISION and ORDER Adopting 65 Findings and Recommendations Denying Defendants' 40 Motion to Dismiss; signed by Chief Judge Lawrence J. O'Neill on 4/11/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RAYMOND BALDHOSKY,

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1:12-cv-01200-LJO-MJS

Plaintiff,

DECISION AND ORDER ADOPTING
FINDINGS AND
RECOMMENDATIONS DENYING
DEFENDANTS’ MOTION TO DISMISS
(Doc. 40)

v.
SUSAN HUBBARD, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this civil rights

13 action brought pursuant to 42 U.S.C. § 1983. On August 29, 2016, Defendants filed a motion to
14 dismiss. ECF Doc. No. (“Doc.”) 40. On October 17, 2016, Defendants filed a supplemental brief at the
15 Court’s direction. Doc. 53. Plaintiff filed a response on December 12, 2016. Doc. 61. Defendants filed
16 a reply on December 19, 2016. Doc. 63. On January 5, 2017, the Magistrate Judge assigned to the case
17 issued findings and recommendation that the Court deny the motion to dismiss. Doc. 65. The findings
18 and recommendation was served on the parties and provided for objections to be filed within 14 days of
19 service, and responses to a party’s objections to be filed within 14 days of being served with another
20 party’s objections. Id.

On January 18, 2017, Defendants filed objections to the findings and

21 recommendation. Doc. 69. On February 1, 2017, Plaintiff filed a response to the objections. Doc. 70.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

23 novo review of this case. Having carefully reviewed the entire file and considered Defendants’
24 objections, the Court finds that the findings and recommendation is supported by the record and proper
25 analysis. The Court declines to modify the findings and recommendation based on any point raised in
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the objections.
Accordingly, IT IS HEREBY ORDERED that the findings and recommendation filed January 5,
2017, are ADOPTED IN FULL.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 11, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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