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)

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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

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