Castaneda v. CDCR et al

Filing 46

ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Defendants' 36 Motion to Dismiss ; ORDERED that Defendants file an answer to the First Amended Complaint within seven (7) days of the date of service of this order,signed by Chief Judge Lawrence J. O'Neill on 03/20/19.(Case Management Deadline: 7-Day Deadline) (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JESUS BONILLA CASTANEDA,

12
13
14

Plaintiff,
v.
STU SHERMAN, et al.,

15

Defendants.

No. 1:16-cv-01562-LJO-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
DEFENDANTS’ MOTION TO DISMISS
(Docs. 36, 43)
SEVEN (7) DAY DEADLINE

16
17

Plaintiff, Jesus Bonilla Castaneda, is a state prisoner proceeding pro se and in forma

18

pauperis, in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a

19

United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. On

20

February 20, 2019, the Magistrate Judge issued Findings and Recommendation to deny

21

Defendants’ motion to dismiss. (Doc. 43.) The Findings and Recommendation was served that

22

same date and gave the parties twenty-one days to file objections. (Id.) Despite lapse of the time

23

allowed, no objections have been filed.

24

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

25

de novo review of this case. Having carefully reviewed the entire file, the Court finds the

26

February 20, 2019 Findings and Recommendation to be supported by the record and proper

27

analysis.

28
1

1

Accordingly:

2

1. the Findings and Recommendation, issued on February 20, 2019 (Doc. 43), is adopted

3

in full;

4

2. Defendants’ motion to dismiss, filed on June 21, 2018, (Doc. 36), is denied; and

5

3. Defendants SHALL file an answer to the First Amended Complaint within seven (7)

6

days of the date of service of this order.

7
8
9
10

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 20, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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