Curtis v. California Correctional Institution - Tehachapi, et al.

Filing 40

ORDER Adopting 38 FINDINGS AND RECOMMENDATION, DENYING Defendants' 34 Motion to Dismiss, without Prejudice, and DIRECING Defendants to File a Further Response to Amended Complaint within Thirty Days signed by District Judge Anthony W. Ishii on 5/6/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PARNELL CURTIS,

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Plaintiff,

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v.
CALIFORNIA CORRECTIONAL
INSTITUTION, et al.,

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Defendants.

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Case No.: 1:14-cv-00656-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANTS’ MOTION TO DISMISS,
WITHOUT PREJUDICE, AND DIRECTING
DEFENDANTS TO FILE A FURTHER RESPONSE
TO AMENDED COMPLAINT WITHIN THIRTY
DAYS
[ECF Nos. 34, 38]

Plaintiff Parnell Curtis is appearing pro se in this civil rights action pursuant to 42 U.S.C. §
1983.

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On March 17, 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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Recommendation were to be filed within thirty days. Plaintiff filed objections on April 6, 2015.

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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 Recommendation, filed on March 17, 2015, is adopted in full;

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2.

Defendants’ motion to dismiss is DENIED, without prejudice, to re-filing by way of
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motion for summary judgment, if so desired; and
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Within thirty (30) days from the date of service of this order, Defendants shall file a

further response to first amended complaint.

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IT IS SO ORDERED.

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Dated: May 6, 2015

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SENIOR DISTRICT JUDGE

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