Thomas v. Walters

Filing 41

ORDER signed by Chief District Judge Kimberly J. Mueller on 4/1/2021 ADOPTING 36 The Findings and Recommendations in full; DENYING 27 Motion to Dismiss; and Defendants shall file an answer to Plaintiff's first amended complaint within 21 days of the date of this order. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD BRENT THOMAS,

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Plaintiff,

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No. 2:18-CV-1711-KJM-DMC-P

v.

ORDER

J. WALTERS, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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Eastern District of California local rules.
On September 14, 2020, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. Defendants have objected to the findings and recommendations

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and plaintiff has responded to the objections. ECF Nos. 39, 40.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,

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this court has conducted a de novo review of this case. Having reviewed the file, the court finds

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the findings and recommendations to be 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 September 14, 2020, are adopted

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2.

Defendants’ motion to dismiss, ECF No. 27, is denied; and

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3.

Defendants shall file an answer to Plaintiff’s first amended complaint

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in full;

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within 21 days of the date of this order.

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DATED: April 1, 2021.

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