Epps v. CSP Sacramento

Filing 50

ORDER signed by Chief Judge Morrison C. England, Jr. on 02/17/16 ADOPTING IN FULL 49 Findings and Recommendations and DENYING 33 Motion to Dismiss without prejudice to the filing of a motion for summary judgment on the same matter after fuller development of the record. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT EPPS,

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Plaintiff,

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No. 2:14-cv-1347 MCE AC P

v.

ORDER

CSP SACRAMENTO, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, 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.
On January 19, 2016, the magistrate judge filed findings and recommendations herein

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

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and Recommendations were to be filed within fourteen days. ECF No. 49. Neither party has

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filed objections to the Findings and Recommendations.
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 January 19, 2016 (ECF No. 49) are
ADOPTED IN FULL.

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2. Defendants’ Motion to Dismiss (ECF No. 33) is DENIED without prejudice to the

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filing of a motion for summary judgment on the same matter after fuller development of the

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record.

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IT IS SO ORDERED.
Dated: February 17, 2016

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