Armstrong v. Spearman, et al.

Filing 63

ORDER ADOPTING 61 Findings and Recommendation, DENYING Defendants' 47 Motion to Dismiss, and DIRECTING Defendants to File a Further Response to Complaint Within Thirty Days, signed by District Judge Lawrence J. O'Neill on 2/24/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRADY K. ARMSTRONG,

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Plaintiff,
v.
M.E. SPEARMAN, et al.,

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Defendants.

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Case No.: 1:13-cv-00246-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANTS’ MOTION TO DISMISS, AND
DIRECTING DEFENDANTS TO FILE A
FURTHER RESPONSE TO COMPLAINT WITHIN
THIRTY DAYS
[ECF Nos. 47, 61]

Plaintiff Brady K. Armstrong 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 January 14, 2015, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that Objections to the Findings and

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Recommendations were to be filed within thirty days. 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.

The Findings and Recommendations, filed on January 14, 2015, is adopted in full; and

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2.

Defendants’ motion to dismiss under Rules 12(b)(6) and 12(e) of the Federal Rules of

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Civil Procedure is DENIED; and
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3.

Within thirty (30) days from the date of service of this order, Defendants shall file a

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further response to the complaint, including a motion for summary judgment relating to

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exhaustion of the administrative remedies.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

February 24, 2015

UNITED STATES DISTRICT JUDGE

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