Gutierrez v. Gutierrez

Filing 39

ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 20 Defendant's Motion to Dismiss for Failure to State a Claim or Based on Qualified Immunity; and ORDER Requiring Defendant to File Answer Within Thirty (30) Days signed by District Judge Lawrence J. O'Neill on 10/22/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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G. J. GUTIERREZ,

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1:13-cv-00421-LJO-GSA-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 37.)

vs.

ORDER DENYING DEFENDANT’S
MOTION TO DISMISS FOR FAILURE TO
STATE A CLAIM OR BASED ON
QUALIFIED IMMUNITY
(Doc. 20.)

A. GUTIERREZ,
Defendant.

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ORDER REQUIRING DEFENDANT TO
FILE ANSWER WITHIN THIRTY DAYS

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G. J. Gutierrez (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 17, 2014, findings and recommendations were entered, recommending

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that Defendant’s motion to dismiss be denied.

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opportunity to file objections to the findings and recommendations within thirty days. To date,

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no objections have been filed.

(Doc. 20.)

The parties were granted an

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations issued by the Magistrate Judge on
September 17, 2014, are ADOPTED IN FULL;

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2.

Defendant’s motion to dismiss, filed on June 5, 2014, is DENIED;

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3.

Defendant is required to file an Answer to the Complaint within thirty days of

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the date of service of this order; and
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This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 22, 2014

UNITED STATES DISTRICT JUDGE

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