Perrotte v. Johnson et al

Filing 31

ORDER Adopting 28 Findings and Recommendation, Denying Defendant Hebron's Motion to Dismiss 14 , and Directing Defendant Hebron to File an Answer to the Complaint Within Twenty Days from the Date of Service of this Order, signed by District Judge Lawrence J. O'Neill on 4/27/16. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY P. PERROTTE, 12 Plaintiff, 13 14 v. STACEY JOHNSON, et al., 15 Defendants. 16 Case No.: 1:15-cv-00026-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING DEFENDANT HEBRON’S MOTION TO DISMISS, AND DIRECTING DEFENDANT HEBRON TO FILE AN ANSWER TO THE COMPLAINT WITHIN TWENTY DAYS FROM THE DATE OF SERVICE OF THIS ORDER [ECF Nos. 14, 28] Plaintiff Jeffrey P. Perrotte is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. On March 14, 2016, the Magistrate Judge filed a Findings and 21 Recommendation recommending that Defendant Hebron’s motion to dismiss be denied. The Findings 22 and Recommendation was served on the parties and contained notice that objections were to be filed 23 within thirty days. The thirty day time frame has expired and no objections were filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed on March 14, 2016, is adopted in full; and 3 2. Defendant Hebron’s motion to dismiss is DENIED; and 4 3. Defendant Hebron shall file an answer to the complaint within twenty (20) days from the date of service of this order. 5 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill April 27, 2016 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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