Hamilton v. Quinonez et al

Filing 21

ORDER Adopting 20 Findings and Recommendations to: 1) Deny Request for Entry of Default, 2) Grant in Part and Deny in Part Plaintiff's 18 Motion to Strike Defendants' Affirmative Defenses, signed by District Judge Lawrence J. O'Neill on 4/8/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDDIE HAMILTON,

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Plaintiff,

CASE NO. 1:14-cv-1216-LJO-MJS (PC)
ORDER ADOPTING FINDINGS
RECOMMENDATIONS TO:

AND

v.
J. QUINONEZ, et al.,

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Defendants.

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1) DENY REQUEST FOR ENTRY OF
DEFAULT
2) GRANT IN PART AND DENY IN PART
PLAINTIFF’S MOTION TO STRIKE
DEFENDANTS’ AFFIRMATIVE
DEFENSES
(ECF NO. 20)

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CASE TO REMAIN OPEN

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

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rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 9.) The action

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proceeds on Plaintiff’s Eight Amendment failure to protect claim against Defendants

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Quinonez and Lozano. (ECF Nos. 9 & 10.)

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On March 17, 2017, the Magistrate Judge issued findings and recommendations
to deny Plaintiff’s request for entry of default and to grant in part and deny in part
Plaintiff’s motion to strike. (ECF No. 20.) Neither Plaintiff nor Defendants have filed

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objections.

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Before this Court is Plaintiff’s “Motion to Strike Defendant’s [sic] Answer and
Affirmative Defenses to Complaint.” (ECF No. 18.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the Findings and Recommendation 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.

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The Court adopts the Findings and Recommendation filed on March 17,
2015 (ECF No. 20) in full; and

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The case is to remain open.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

April 8, 2015

UNITED STATES DISTRICT JUDGE
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