(PC) Gipbsin v. Kernan, et al, No. 2:2012cv00556 - Document 116 (E.D. Cal. 2015)

Court Description: ORDER adopting in full 114 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 7/28/15. Defendants' motions to dismiss 84 , 85 , 88 , 93 , 96 , 101 are DENIED. Defendants are directed to file an answer to plaintiff's second amended complaint within 30 days of the date on which this order is filed. (Kastilahn, A)

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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 CLARENCE A. GIPBSIN, 12 Plaintiff, 13 14 No. 2:12-cv-0556 GEB DAD P v. ORDER SCOTT KERNAN et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 30, 2015, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed June 30, 2015, are adopted in full; 28 2. Defendants’ motions to dismiss (Doc. Nos. 84, 85, 88, 93, 96, 101) are denied; and 1 1 3. Defendants are directed to file an answer to plaintiff’s second amended complaint 2 within thirty days of the date on which this order is filed. 3 Dated: July 28, 2015 4 5 6 7 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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