(PC) Lipsey v. Kalil, et al., No. 2:2017cv01429 - Document 43 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 4/13/21 ADOPTING in full 41 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 38 defendant's Motion to Dismiss. Defendants shall file an answer to the amended complaint within 21 days ofthe electronic filing of this order. (Kastilahn, A)

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(PC) Lipsey v. Kalil, et al. Doc. 43 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER LIPSEY, JR., 12 Plaintiff, 13 v. 14 M. KALIL, et al., 15 No. 2:17-cv-01429-TLN-AC ORDER Defendants. 16 17 Plaintiff Christopher Lipsey, Jr. (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 10, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. (ECF No. 41.) 23 Neither party has filed objections to the findings and recommendations. 24 The court has reviewed the file under the applicable legal standards and finds the findings 25 and recommendations to be supported by the record and by the magistrate judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 28 1. The Findings and Recommendations filed March 10, 2021 (ECF No. 41), are ADOPTED IN FULL; 1 Dockets.Justia.com 1 2 2. Defendants’ Motion to Dismiss (ECF No. 38) is GRANTED IN PART and DENIED IN PART as follows: 3 a. GRANTED as to Plaintiff’s request for injunctive relief, and 4 b. DENIED in all other respects. 5 3. Defendants shall file an answer to the amended complaint within twenty-one days of 6 the electronic filing of this order. 7 IT IS SO ORDERED. 8 DATED: April 13, 2021 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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