Goins v. Bobbla et al

Filing 83

ORDER signed by District Judge Troy L. Nunley on 3/6/2020 ADOPTING in FULL 80 Findings and Recommendations and DENYING 64 Defendant's Motion to Dismiss. Defendant shall file his Answer within 14 days. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND LEE GOINS,

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Plaintiff,

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v.

No. 2:18-cv-0034-TLN-CKD

ORDER

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A. DIMACULANGAN, et al.,

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Defendants.

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Raymond Lee Goins (“Plaintiff”), a state prisoner proceeding pro se, brings this civil

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rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 and is before the Court on

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Defendant Ashok N. Veeranki’s (“Defendant”) Motion to Dismiss (ECF No. 64). Plaintiff filed

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an opposition (ECF No. 73) and Defendant replied (ECF No. 75).
On January 9, 2020, the magistrate judge assigned to this case filed Findings and

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Recommendations herein which were served on all parties and which contained notice to all

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parties that any objections to the findings and recommendations were to be filed within fourteen

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days. (ECF No. 80.) Neither party filed objections to the findings and recommendations.

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Accordingly, the Court presumes that any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983); see also 28 U.S.C. § 636(b)(1).

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Having reviewed the file under the applicable legal standards, the Court finds the Findings
and Recommendations to be supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed January 9, 2020 (ECF No. 80), are adopted

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in full;

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2. Defendant’s Motion to Dismiss (ECF No. 64) is DENIED; and

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3. Defendant shall file his Answer within fourteen days.

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IT IS SO ORDERED.

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Dated: March 6, 2020

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Troy L. Nunley
United States District Judge

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