Cauthen v. Rivera et al

Filing 50

ORDER ADOPTING 47 Findings and Recommendations Regarding Defendants' 21 Motion to Dismiss; ORDER REQUIRING Defendants to File a Responsive Pleading, signed by District Judge Lawrence J. O'Neill on 3/201/2014. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SAFIDI CAUTHEN, JR.,

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Plaintiff,

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v.

Case No. 1:12 cv 01747 LJO DLB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DEFENDANTS’ MOTION TO DISMISS
(Document 47)

RIVERA et al.,

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Defendants.

ORDER REQUIRING DEFENDANTS TO
FILE A RESPONSIVE PLEADING

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Plaintiff David Safidi Cauthen, Jr. (“Plaintiff”), a state prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 26, 2012.
On August 22, 2013, Defendants Rivera, Mackey, Waddle, Negrete, Northcutt and Arreola

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filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

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302.

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On February 7, 2014, the Magistrate Judge issued Findings and Recommendations that

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Defendants’ motion be granted in part and denied in part. The Findings and Recommendations were

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served on the parties and contained notice that any objections to the Findings and Recommendations

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were to be filed within thirty days. No party has filed objections.

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

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

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and Recommendations are supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed February 7, 2014, are ADOPTED in full;

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2.

Defendants’ Motion to Dismiss (Document 21) is GRANTED IN PART as to

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Plaintiff’s claim for damages against Defendants in their official capacity. It is

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DENIED on all other grounds; and

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3.

Defendants Rivera, Mackey, Waddle, Negrete, Northcutt and Arreola SHALL file a

responsive pleading within thirty (30) days of the date of service of this order.1
IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

March 20, 2014

UNITED STATES DISTRICT JUDGE
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Defendant King filed an answer to January 14, 2014.

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