(PC) Thornton v. Grissom et al, No. 1:2016cv00498 - Document 62 (E.D. Cal. 2018)
Court Description: ORDER adopting 58 FINDINGS AND RECOMMENDATIONS; denying 50 Motion to Dismiss; and directing Defendants to file an answer igned by District Judge Anthony W. Ishii on 1/4/2018. Answer due within 14-Days.(Lundstrom, T)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SIMON THORNTON, 10 Plaintiff, 11 12 v. CASE No. 1:16-cv-0498-AWI-MJS (PC) ORDER (1) ADOPTING FINDINGS AND RECOMMENDATIONS; D. GRISSOM, et al., 13 Defendants. 14 (2) DENYING DEFENDANTS’ MOTION TO DISMISS; AND (3) DIRECTING DEFENDANTS TO FILE AN ANSWER 15 16 (ECF NOS. 50, 58) 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 19 seeking relief under 42 U.S.C. § 1983. The 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 November 7, 2017, the magistrate judge filed findings and recommendations 22 herein which were served on the parties and which contained notice that any objections 23 to the findings and recommendations were to be filed within fourteen days. No objections 24 to the findings and recommendations have been filed by any of the parties The court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 7, 2017 (ECF No. 58), are 3 adopted in full; 4 2. Defendants’ August 7, 2017, motion to dismiss (ECF No. 50) is DENIED; and 5 3. Defendants shall file an answer within fourteen days from the date of this 6 Order. 7 8 9 IT IS SO ORDERED. Dated: January 4, 2018 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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