McMillan v. Pfile, et al.

Filing 65

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/31/2016 ADOPTING IN FULL 55 Findings and Recommendations; DENYING 49 Motion to Dismiss as to claims 1 and 2 against Defendant Zuniga, claim 3 against Defendant Ringler and claim 9 against Defendant Scotland; GRANTING 49 Motion to Dismiss in all other respects. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWIN MCMILLAN,

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Plaintiff,

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No. 2:13-cv-0578 MCE KJN P

v.

ORDER

S. RINGLER, 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 February 1, 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 fourteen days. Plaintiff and defendants

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have filed objections to the findings and recommendations.
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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 1, 2016 are adopted in full;

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2. Defendants’ motion to dismiss (ECF No. 49) is denied as to claims 1 and 2 against

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defendant Zuniga, claim 3 against defendant Ringler and claim 9 as to defendant Scotland;

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defendants’ motion to dismiss is granted in all other respects.

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IT IS SO ORDERED.
Dated: March 31, 2016

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