Rodriguez v. Baughman et al

Filing 61

ORDER signed by Senior Judge Morrison C. England, Jr. on 12/4/2020 ADOPTING in FULL 60 Findings and Recommendations. DENYING 54 Motion to Dismiss, and Dr. Friend shall file his answer within 14 days. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN GARCIA RODRIGUEZ,

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No. 2:18-cv-0655 MCE CKD P

Plaintiff,
v.

ORDER

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DAVID BAUGHMAN, 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.

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On October 7, 2020, 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. ECF No. 60. Neither

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party has filed objections to the findings and recommendations.

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The Court presumes that any findings of fact are correct. See Orand v. United States,

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

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novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having

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reviewed the file, the Court finds the findings and recommendations to be supported by the record

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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 October 7, 2020 (ECF No. 60), are

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ADOPTED in full;

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2. Dr. Friend’s motion to dismiss (ECF No. 54) is DENIED; and

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3. Dr. Friend shall file his answer within 14 days.

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IT IS SO ORDERED.

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Dated: December 4, 2020

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