Neely v. Briggs et al

Filing 26

ORDER Adopting Findings and Recommendation 24 , Denying Defendant's Motion to Dismiss, and Directing Defendant to File a Further Response to Plaintiff's Second Amended Complaint, signed by Chief Judge Lawrence J. O'Neill on 10/11/16. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES ALBERT NEELY,

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Plaintiff,

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v.
D. RUFFIN,

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Defendant.

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Case No.: 1:15-cv-00197-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANT’S MOTION TO DISMISS, AND
DIRECTING DEFENDANT TO FILE A FURTHER
RESPONSE TO PLAINTIFF’S SECOND
AMENDED COMPLAINT
[ECF Nos. 19, 24]

Plaintiff Charles Albert Neely is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On September 2, 2016, the Magistrate Judge filed a Findings and

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Recommendation which was served on the parties and contained notice that objections to the Findings

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and Recommendation were to be filed within thirty days. Defendant filed objections on October 3,

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2016.

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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, including Defendant’s objections,

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the Court finds the Findings and Recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendation, filed on September 2, 2016, is adopted in full;

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Defendant’s motion to dismiss the second amended complaint is DENIED; and

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Within thirty days from the date of service of this order, Defendant shall file a further
response to the second amended complaint.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

October 11, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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