Bullard v. St. Andra et al
Filing
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ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS and Denying Defendants' 23 Motion for Summary Judgment signed by Chief Judge Lawrence J. O'Neill on 08/29/2018. Fourteen-Day Deadline. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EFREN DANIELLE BULLARD,
Plaintiff,
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v.
Case No. 1: 17-cv-0328 LJO JDP
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
R. ST. ANDRA, et al.,
(Doc. No. 43)
Defendant.
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Plaintiff Efren Danielle Bullard is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a
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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On February 16, 2018, Defendants moved for summary judgment under Federal Rule of Civil
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Procedure 56, arguing that Plaintiff failed to exhaust available administrative remedies. (Doc. No.
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23.) Plaintiff filed an opposition on April 9, 2018 (Doc. No. 33), and Defendants filed a reply on
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April 17, 2018 (Doc No. 35.) On August 17, 2018, the assigned Magistrate Judge recommended that
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Defendants’ motion be denied, in its entirety. The Magistrate Judge further recommended that the
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protective order staying all discovery (Doc. No. 29) be vacated and that Defendants’ motion (Doc.
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No. 41) to vacate the present discovery and scheduling order (Doc. No. 22) be granted. The findings
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and recommendations was served on the parties and contained notice that any objections to the
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findings and recommendations were to be filed within fourteen (14) days. Defendants timely
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filed objections on August 28, 2018. (Doc. No. 45.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, the Court finds the
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findings and recommendations to be supported by the record and by proper analysis. The
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objections do not provide a basis upon which to reject the findings and recommendations.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations issued on August 17, 2018, are adopted in full;
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2.
Defendants’ motion to dismiss, filed on February 16, 2018, is denied;
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3.
Defendants shall file an answer within fourteen (14) days of this order pursuant to
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Fed. R. Civ. P. 12(a)(4)(A);
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Plaintiff’s request (Doc. No. 33) to vacate the protective order staying discovery
(Doc. No. 29) is granted; and
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Defendants’ motion (Doc. No. 41) to vacate the present discovery and scheduling
order (Doc. No. 22) is granted.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
August 29, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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