Williams v. Price et al

Filing 55

ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 44 Defendants' Motion to Dismiss signed by Chief Judge Lawrence J. O'Neill on 5/8/2019. Answer to Complaint due within twenty (20) days. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COREY WILLIAMS, Plaintiff, 12 13 Case No. 1:18-cv-00102-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANTS’ MOTION TO DISMISS v. 14 BRANDON PRICE, et al., (ECF Nos. 44, 45, 46, 48, 49) 15 Defendants. TWENTY DAY DEADLINE 16 17 Plaintiff Corey Williams, a civil detainee, is appearing pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. Defendants Brandon Price and Pam Ahlin filed 19 a motion to dismiss that was referred to a United States magistrate judge pursuant to 28 U.S.C. 20 § 636(b)(1)(B) and Local Rule 302. 21 On March 14, 2019, the magistrate judge filed findings and recommendations (F&Rs) 22 recommending denying Defendants’ motion to dismiss. ECF No. 49. The F&Rs were served on 23 the parties and contained notice that any objections to the findings and recommendations were 24 to be filed within thirty (30) days from the date of service. The period for filing objections has 25 passed and no objections have been filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has 27 conducted a de novo review of this case. Having carefully reviewed the entire file, the court 28 finds the F&Rs to be supported by the record and by proper analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 1 2 1. The findings and recommendations, filed March 14, 2019, ECF No. 49, are ADOPTED IN FULL; 3 4 2. Defendants’ motion to dismiss is DENIED; 5 3. Defendants shall file an answer to the second amended complaint within twenty (20) days of the date of entry of this order; and 6 7 4. This matter is referred to the magistrate judge for further proceedings. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 8, 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?