(PC) Sullivan v. Biter et al, No. 1:2015cv00243 - Document 56 (E.D. Cal. 2018)

Court Description: ORDER Adopting 54 Findings and Recommendations, Denying Defendant's 43 Motion to Dismiss, signed by District Judge Dale A. Drozd on 7/30/18. (Gonzalez, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL J. SULLIVAN, 12 Plaintiff, 13 14 15 v. No. 1:15-cv-00243-DAD-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING DEFENDANT’S MOTION TO DISMISS M. D. BITER, Defendant. (Doc. No. 54) 16 17 18 Plaintiff Michael J. Sullivan is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 28, 2017, defendant moved to dismiss the complaint under Federal Rule of 22 Civil Procedure 12(b)(6) for failure to state a claim for relief. (Doc. No. 43.) On April 25, 2018, 23 the assigned magistrate judge issued findings and recommendations recommending that the 24 motion to dismiss be denied in its entirety. (Doc. No. 54.) The findings and recommendations 25 were served on the parties and contained notice that objections were to be filed within thirty days. 26 (Id. at 10–11.) No objections were filed and the deadline for doing so has passed. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 1 1 court finds the findings and recommendations to be supported by the record and proper analysis. 2 Accordingly: 3 1. 4 5 adopted in full; 2. 6 7 The findings and recommendations issued on April 25, 2018 (Doc. No. 54) are Defendants’ motion to dismiss, filed on September 28, 2017 (Doc. No. 43) is denied in its entirety; 3. This matter is referred back to the assigned magistrate judge for further 8 proceedings consistent with this order, including issuance of a discovery and 9 scheduling order. 10 11 IT IS SO ORDERED. Dated: July 30, 2018 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2