(PC) Grant v. Cate, et al., No. 2:2014cv01867 - Document 43 (E.D. Cal. 2015)
Court Description: ORDER signed by Chief Judge Morrison C. England, Jr on 10/5/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/14/15 37 are ADOPTED IN FULL; Defendants' Motion to Dismiss 34 is GRANTED as to Defendant Cate and DENIED in all other respects; and The remaining Defendants shall file a response to Plaintiff's First Amended Complaint 17 within twenty (20) days of the date that this order is electronically filed.(Mena-Sanchez, L)
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(PC) Grant v. Cate, et al. Doc. 43 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVARE GRANT, 12 13 14 15 No. 2:14-cv-1867 MCE KJN (P) Plaintiff, v. ORDER MATTHEW CATE, et al., 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 August 14, 2015, the magistrate judge filed Findings and Recommendations herein 21 (ECF No. 37), which were served on all parties and which contained notice that any objections to 22 the Findings and Recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the Findings and Recommendations. ECF No. 39. On August 31, 2015, Plaintiff 24 filed a pleading titled “Notice to the Court of Points and Authorities that Qualify Defendant Cate 25 to be Liable for Civil Violations.” ECF No. 40. The Court construes Plaintiff’s pleading to be 26 objections to the Findings and Recommendations. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 Dockets.Justia.com 1 including the parties objections to the Findings and Recommendations, the Court finds the 2 Findings and Recommendations to be supported by the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed August 14, 2015 (ECF No. 37) are 5 6 7 8 9 10 11 ADOPTED IN FULL; 2. Defendants’ Motion to Dismiss (ECF No. 34) is GRANTED as to Defendant Cate and denied in all other respects; and 3. The remaining Defendants shall file a response to Plaintiff’s First Amended Complaint (ECF No. 17) within twenty (20) days of the date that this order is electronically filed. IT SO ORDERED. Dated: October 5, 2015 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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