Leonard v. Denny, et al

Filing 78

ORDER adopting in full 76 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 3/30/16. Counts I, II, IV, and V are dismissed in part, as set forth in the 1/5/2016, findings and recommendations, without leave to amend. Within 30 days from the date of this order, Defendants are ordered to respond to the second amended complaint as set forth in this order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID G. LEONARD,

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Plaintiff,

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No. 2:12-cv-0915 TLN AC P

v.

ORDER

JIM DENNY, 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.
On January 5, 2016, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within twenty-one days. ECF No. 76.

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Defendants have filed objections to the findings and recommendations.1 ECF No. 77.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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In future filings, Defendants may brief the issues raised in their objections. ECF No. 77.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 5, 2016 (ECF No. 76), are adopted in

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full;
2. Counts I, II, IV, and V are dismissed in part, as set forth in the January 5, 2016,
findings and recommendations, without leave to amend;
3. Within thirty days from the date of this order, Defendants are ordered to respond to the
second amended complaint as follows:
a.

Defendants Denny, Parker, Saunders, Brown, Sutter County Sheriff’s

Department, Sutter County Jail, and Sutter County must respond to Count I as set forth in Section
VI.C. of the January 5, 2016, findings and recommendations.
b.

Defendants Parker, Bidwell, Sutter County Sheriff’s Department, Sutter

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County Jail, and Sutter County must respond to Count II as set forth in Section VII.C. of the

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January 5, 2016 findings and recommendations.

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c.

Defendants Saunders and Brown must respond to Count III as set forth in

Section VIII.B. of the January 5, 2016 findings and recommendations.
d.

Defendants Parker and Bidwell must respond to Count IV as set forth in

Section IX.C. of the January 5, 2016 findings and recommendations.
e.

Defendants Sutter County Sheriff’s Department, Sutter County Jail, and

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Sutter County must respond to Count V as set forth in Section X.C. of the January 5, 2016

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findings and recommendations.

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Dated: March 30, 2016

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Troy L. Nunley
United States District Judge

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