Thompson v. Vidurria et al
Filing
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ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS, Denying Defendant Martinez's 14 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 11/16/2015. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TYRONE THOMPSON,
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Plaintiff,
v.
VIDURRIA, et al.,
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Defendants.
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Case No.: 1:14-cv-01896-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
DEFENDANT MARTINEZ’S MOTION TO
DISMISS
[ECF No. 31]
Plaintiff Tyrone Thompson is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On September 1, 2015, the Magistrate Judge filed a Findings and Recommendations which
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recommended denial of Defendant Martinez’s motion to dismiss.
The Findings and
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Recommendations were served on the parties and contained notice that objections to the Findings and
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Recommendations were to be filed within thirty days. Defendant filed objections on October 1, 2015.
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(ECF No. 33.)
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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. The Court understands Defendant’s argument that mere involvement in the
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grievance process typically does not amount to personal participation for a past constitutional
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violation; however, in this instance, at the pleading stage, the Court finds that Plaintiff has “alleged
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more than the mere denial of his inmate grievance to demonstrate an “affirmative link” between
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Martinez’s conduct and the alleged constitutional violation by Defendant Vidaurri.” (ECF No. 6,
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Findings and Recommendations 6:26-7:1-3.) Having carefully reviewed the entire file, including
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Defendant’s objections, the Court finds the Findings and Recommendations to be supported by the
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record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, filed on September 1, 2015, are adopted in full;
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Defendant Martinez’s motion to dismiss is DENIED.
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and
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
November 16, 2015
UNITED STATES DISTRICT JUDGE
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