Tate v. Andres
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 12/11/19 ADOPTING 33 Findings and Recommendations in full DENYING 29 Motion to Strike and DENYING 30 Motion for TRO. (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DEREK TATE,
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No. 2:18-cv-0822 KJM AC P
Plaintiff,
v.
ORDER
J. ANDRES,
Defendant.
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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil
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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 25, 2019, the magistrate judge filed findings and recommendations, 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. ECF No. 33. Neither party
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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
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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be
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supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed October 25, 2019 (ECF No. 33), are adopted
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in full.
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2. Plaintiff’s motion to strike defendant’s affirmative defenses (ECF No. 29) is denied.
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3. Plaintiff’s motion for temporary restraining order (ECF No. 30) is denied.
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4. This case is referred back to the assigned magistrate judge for all further pretrial
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proceedings.
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DATED: December 11, 2019.
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UNITED STATES DISTRICT JUDGE
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