Moore v. Tesluk et al

Filing 36

ORDER signed by District Judge Garland E. Burrell, Jr on 8/4/2017 ADOPTING in FULL 33 Findings and Recommendations; GRANTING 18 Motion to Dismiss plaintiff's claim pursuant to California Government Code § 845.6. Defendant Tesluk is ORDERED to file a response to plaintiff's Eighth Amendment claim within twenty days of the date of this order. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN MOORE,

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Plaintiff,

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No. 2:16-cv-2268 GEB KJN P

v.

ORDER

G. TESLUK, 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 July 13, 2017, 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. Plaintiff has filed

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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 July 13, 2017, are adopted in full;

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2. Defendant Tesluk’s motion to dismiss plaintiff’s claim pursuant to California

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Government Code § 845.6 (ECF No. 18) is granted; and
3. Defendant Tesluk is ordered to file a response to plaintiff’s Eighth Amendment claim

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within twenty days of the date of this order.

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Dated: August 4, 2017

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