Hardy v. Sisson et al

Filing 67

ORDER signed by District Judge Garland E. Burrell, Jr. on 9/29/2017 ADOPTING IN FULL 48 Findings and Recommendations; GRANTING IN PART AND DENYING IN PART 39 Motion to Strike; STRIKING the defendant's second affirmative defense for failure to allege facts sufficient to state a claim upon which relief can be granted. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KRISTIN HARDY,

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No. 2:13-cv-2514-GEB-CMK

Plaintiff,

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v.

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D. SISSON, et al.,

ORDER

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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

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District of California local rules.
On November 10, 2016, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within a specified time. Objections to the findings and recommendations have been

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filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304(f), this court has conducted a de novo review of this case. Having carefully reviewed the

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entire file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 10, 2016, are adopted in

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full;
2. Plaintiff’s motion to strike defendant’s affirmative defenses (Doc. 30) is
granted in part and denied in part;
3. Defendant’s second affirmative defense for failure to allege facts sufficient to
state a claim upon which relief can be granted is stricken; and

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4. No other affirmative defense is stricken.

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Dated: September 29, 2017

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