(PC) Hardy v. Sisson et al, No. 2:2013cv02514 - Document 32 (E.D. Cal. 2016)
Court Description: ORDER ADOPTING 30 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 03/091/6 ORDERING that defendants' 23 motion to dismiss the claims against defendant Dotson is GRANTED, without leave to amend, and defendant Dotson is DISMISSED from this action. Defendants' 23 motion to dismiss the claims regarding defendant Sisson's treatment of the mental health report is GRANTED, without leave to amend; defendants' 23 motion to dismiss t he claims against defendant Sisson for violation of plaintiff's due process rights in regards to the questioning of the witness is DENIED; this action shall continue against defendant Sisson only; defendant Sisson shall file an answer to the complaint within 30 days. (Benson, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KRISTIN HARDY, 12 No. 2:13-cv-2514-GEB-CMK-P Plaintiff, ORDER 13 v. 14 D. SISSON, et al., 15 Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 17 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. On July 20, 2015, the Magistrate Judge filed findings and recommendations herein 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. No objections to the findings and recommendations have been filed. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the Magistrate Judge’s analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The findings and recommendations filed July 20, 2015, are adopted in full; 27 2. Defendants’ motion to dismiss (Doc. 23) is granted in part and denied in part; 28 /// 1 1 2 3 4 5 3. Defendants’ motion to dismiss the claims against defendant Dotson is granted, without leave to amend, and defendant Dotson is dismissed from this action; 4. Defendants’ motion to dismiss the claims regarding defendant Sisson’s treatment of the mental health report is granted, without leave to amend; 5. Defendants’ motion to dismiss the claims against defendant Sisson for 6 violation of plaintiff’s due process rights in regards to the questioning of the 7 witness is denied; 8 6. This action shall continue against defendant Sisson only; 9 7. Defendant Sisson shall file an answer to the complaint within 30 days of the 10 11 12 date of this order; and 8. The Clerk of the Court is directed to update the docket in this case accordingly. Dated: March 9, 2016 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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