Hutchins, Jr. v. Lockyer, et al.

Filing 37

ORDER Adopting 34 Findings and Recommendations to Deny Defendant's 30 Motion to Dismiss; Defendant to File Answer Within Twenty-One Days, signed by District Judge Dale A. Drozd on 11/27/17. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CLIFTON HUTCHINS, JR.,

12

Plaintiff,

13
14

v.
BILLY LOCKYER, et al.,

15

Defendants.

16

No. 1:15-cv-01537-DAD-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
DEFENDANT’S MOTION TO DISMISS
(Doc. No. 34)
DEFENDANT TO FILE ANSWER WITHIN
TWENTY-ONE DAYS

17
Plaintiff is a prisoner proceeding pro se in this civil rights action brought pursuant to 42

18
19

U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28

20

U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 22, 2017, the assigned magistrate judge issued findings and recommendations

21
22

recommending that defendant Johal’s motion to dismiss be denied. (Doc. No. 34.) The parties

23

were given fourteen days to file objections to those findings and recommendations. More than

24

fourteen days have elapsed and no objections were filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the

25
26

court has conducted a de novo review of this case. The court finds the findings and

27

recommendations to be supported by the record and by proper analysis.

28

/////
1

1

Accordingly, it is HEREBY ORDERED that:

2

1. The findings and recommendations filed on August 22, 2017 (Doc. No. 34) are

3

adopted in full; and
2. Defendant Johal is directed to file an answer to plaintiff’s complaint within

4
5
6
7

twenty-one days of this order.
IT IS SO ORDERED.
Dated:

November 27, 2017
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2