(PC) Barclay v. Beard, et al, No. 2:2015cv00178 - Document 25 (E.D. Cal. 2015)

Court Description: ORDER adopting in full 24 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 10/13/15. Defendant's 15 Motion to Dismiss is DENIED. Defendant shall file an answer to the FAC within 14 days of the date that this Order is electronically filed. (Kastilahn, A)

Download PDF
(PC) Barclay v. Beard, et al Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY BARCLAY, 12 13 14 15 No. 2:15-cv-0178 MCE CKD (P) Plaintiff, v. ORDER G. Polanco, Defendant. 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 September 15, 2015, the magistrate judge filed Findings and Recommendations herein 21 (ECF No. 24) 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. Neither party has filed 23 objections to the Findings and Recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the Court finds the Findings and Recommendations to be supported by the 28 record and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed September 15, 2015 (ECF No. 24) are 3 ADOPTED IN FULL; 4 2. Defendant’s Motion to Dismiss (ECF No. 15) is DENIED; 5 3. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendant shall file an 6 7 8 answer to the FAC within fourteen (14) days of the date that this Order is electronically filed. IT IS SO ORDERED. Dated: October 13, 2015 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.