Thornton v. Grissom et al

Filing 62

ORDER adopting 58 FINDINGS AND RECOMMENDATIONS; denying 50 Motion to Dismiss; and directing Defendants to file an answer igned by District Judge Anthony W. Ishii on 1/4/2018. Answer due within 14-Days.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIMON THORNTON,

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Plaintiff,

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v.

CASE No. 1:16-cv-0498-AWI-MJS (PC)
ORDER
(1) ADOPTING FINDINGS AND
RECOMMENDATIONS;

D. GRISSOM, et al.,

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Defendants.

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(2) DENYING DEFENDANTS’ MOTION TO
DISMISS; AND
(3) DIRECTING DEFENDANTS TO FILE
AN ANSWER

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(ECF NOS. 50, 58)

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 7, 2017, the magistrate judge filed findings and recommendations

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herein which were served on the parties and which contained notice that any objections

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to the findings and recommendations were to be filed within fourteen days. No objections

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to the findings and recommendations have been filed by any of the parties
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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///

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///

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 7, 2017 (ECF No. 58), are

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adopted in full;

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2. Defendants’ August 7, 2017, motion to dismiss (ECF No. 50) is DENIED; and

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3. Defendants shall file an answer within fourteen days from the date of this

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Order.

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IT IS SO ORDERED.
Dated: January 4, 2018
SENIOR DISTRICT JUDGE

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