(PC) Epps v. CSP Sacramento, No. 2:2014cv01347 - Document 50 (E.D. Cal. 2016)
Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 02/17/16 ADOPTING IN FULL 49 Findings and Recommendations and DENYING 33 Motion to Dismiss without prejudice to the filing of a motion for summary judgment on the same matter after fuller development of the record. (Jackson, T)
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(PC) Epps v. CSP Sacramento Doc. 50 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EPPS, 12 Plaintiff, 13 14 No. 2:14-cv-1347 MCE AC P v. ORDER CSP SACRAMENTO, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights 17 18 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 19, 2016, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice that any objections to the Findings 22 and Recommendations were to be filed within fourteen days. ECF No. 49. Neither party has 23 filed objections to the Findings and Recommendations. The Court has reviewed the file and finds the Findings and Recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 /// 28 /// 1 Dockets.Justia.com 1 2 1. The Findings and Recommendations filed January 19, 2016 (ECF No. 49) are ADOPTED IN FULL. 3 2. Defendants’ Motion to Dismiss (ECF No. 33) is DENIED without prejudice to the 4 filing of a motion for summary judgment on the same matter after fuller development of the 5 record. 6 7 IT IS SO ORDERED. Dated: February 17, 2016 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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