(PC) Thomas v. Walters, No. 2:2018cv01711 - Document 41 (E.D. Cal. 2021)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 4/1/2021 ADOPTING 36 The Findings and Recommendations in full; DENYING 27 Motion to Dismiss; and Defendants shall file an answer to Plaintiff's first amended complaint within 21 days of the date of this order. (Mena-Sanchez, L)
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(PC) Thomas v. Walters Doc. 41 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLIFFORD BRENT THOMAS, 12 Plaintiff, 13 14 No. 2:18-CV-1711-KJM-DMC-P v. ORDER J. WALTERS, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 19 Eastern District of California local rules. On September 14, 2020, the Magistrate Judge filed findings and recommendations, 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. Defendants have objected to the findings and recommendations 23 and plaintiff has responded to the objections. ECF Nos. 39, 40. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 24 25 this court has conducted a de novo review of this case. Having reviewed the file, the court finds 26 the findings and recommendations to be supported by the record and by the proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 14, 2020, are adopted 4 2. Defendants’ motion to dismiss, ECF No. 27, is denied; and 5 3. Defendants shall file an answer to Plaintiff’s first amended complaint 3 in full; 6 within 21 days of the date of this order. 7 DATED: April 1, 2021. 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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