Gipbsin v. Kernan, et al

Filing 116

ORDER adopting in full 114 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 7/28/15. Defendants' motions to dismiss 84 , 85 , 88 , 93 , 96 , 101 are DENIED. Defendants are directed to file an answer to plaintiff's second amended complaint within 30 days of the date on which this order is filed. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLARENCE A. GIPBSIN,

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Plaintiff,

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No. 2:12-cv-0556 GEB DAD P

v.

ORDER

SCOTT KERNAN et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 30, 2015, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed June 30, 2015, are adopted in full;

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2. Defendants’ motions to dismiss (Doc. Nos. 84, 85, 88, 93, 96, 101) are denied; and
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3. Defendants are directed to file an answer to plaintiff’s second amended complaint

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within thirty days of the date on which this order is filed.

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Dated: July 28, 2015

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