Baston v. Yett, et al.

Filing 36

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS That Defendants' Motion to Dismiss Be Denied 18 , 31 , signed by Chief Judge Lawrence J. O'Neill on 12/22/2017. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELGAN BASTON,

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Plaintiff,
v.
EDWARD M. YETT, et al.,

Case No. 1:16-cv-01564-LJO-EPG
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
THAT DEFENDANTS’ MOTION TO
DISMISS BE DENIED
(ECF Nos. 18, 31)

Defendants.

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Elgan Baston (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On December 5, 2017, the assigned magistrate judge entered findings and
recommendations, recommending that Defendants Benjamin Arreguin, Kristofer R. Campbell,
Eddie Ohaya, Michael A. Toscano, and Edward M. Yett’s Rule 12(b)(6) motion to dismiss
Plaintiff’s Complaint, (ECF No. 18), be denied. (ECF No. 31.)

The findings and

recommendations were served on the parties and contained notice that objections thereto were
to be filed within fourteen days. Defendants did not file objections, and Plaintiff filed a notice
indicating that he had no objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted
a de novo review of the matter. Having carefully reviewed the entire file, the court finds that
the findings and recommendations are supported by the record and proper analysis.
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Accordingly, it is hereby ordered that:

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1.

The findings and recommendations entered on December 5, 2017 (ECF No. 31)
are adopted in full;

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2.

Defendants’ Rule 12(b)(6) motion to dismiss (ECF No. 18) is denied; and

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3.

Defendants are directed to file an appropriate responsive pleading in accordance
with Rule 12(b)(4) of the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 22, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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