Ruiz v. Arakaki

Filing 41

ORDER Adopting 40 FINDINGS AND RECOMMENDATIONS, DENYING Defendants' 35 Motion to Dismiss, and DIRECTING that further Response be Filed within Fourteen Days signed by District Judge Anthony W. Ishii on 10/18/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,

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v.
L. ARAKAKI, et al.,

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Defendants.

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Case No. 1:17-cv-01404-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
DEFENDANTS’ MOTION TO DISMISS, AND
DIRECTING THAT FURTHER RESPONSE BE
FILED WITHIN FOURTEEN DAYS
[ECF Nos. 35, 40]

Plaintiff Rogelio May Ruiz is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On August 17, 2018, the Magistrate Judge filed a Findings and

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Recommendations recommending that Defendants’ motion to dismiss for failure to state a cognizable

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claim be denied. The Findings and Recommendations were served on the parties and contained notice

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that objections were to be filed within thirty days. No objections were filed and the time to do so has

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expired.

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

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

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations (Doc. No. 40) are adopted in full;

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2.

Defendants’ motion to dismiss (Doc. No. 35) is denied; and

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3.

Defendants shall file a further responsive pleading within fourteen (14) days after

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service of this order.

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IT IS SO ORDERED.

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Dated: October 18, 2018

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SENIOR DISTRICT JUDGE

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