Manning, et al., v. CDCR, et al.,

Filing 113

ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/2014 ADOPTING 91 Findings and Recommendations in full and GRANTING-IN-PART and DENYING-IN-PART 85 Motion to Dismiss. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHERMAN MANNING,

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No. 2:12-cv-2440 MCE AC P

Plaintiff,
v.

ORDER

M. BUNNELL, et al.,

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Defendants.

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Plaintiff, a state prisoner who has been proceeding with counsel, has filed this civil rights

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action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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

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On April 2, 2014, 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 April 2, 2014, are adopted in full;

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2. The motion to dismiss brought by defendants Schroeder, Stratton and O’Brien (ECF
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No. 85) is granted in part and denied in part as follows:

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a. Granted as to defendants Schroeder and O’Brien;

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b. Granted as to Claim 1 against Defendant Stratton; and

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c. Denied as to Claim 2 against defendant Stratton.

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Dated: June 25, 2014

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