(PC) Stephenson v. County of Placer, No. 2:2020cv02227 - Document 28 (E.D. Cal. 2023)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING in FULL 25 Findings and Recommendations. DENYING 15 Motion to Strike. DENYING 13 Motion to Dismiss, and Defendant is ORDERED to file a responsive pleading within 45 days. (Reader, L)
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(PC) Stephenson v. County of Placer Doc. 28 Case 2:20-cv-02227-KJM-DB Document 28 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM STEPHENSON, 12 Plaintiff, 13 14 No. 2:20-cv-2227 KJM DB P v. ORDER COUNTY OF PLACER, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 8, 2022, the magistrate judge filed findings and recommendations, which 20 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 twenty days. (ECF No. 25 at 8.) 23 Defendants have filed objections to the findings and recommendations. (ECF No. 26.) Plaintiff 24 has filed a response to those objections. (ECF No. 27.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 27 findings and recommendations to be supported by the record and by the proper analysis. 28 ///// 1 Dockets.Justia.com Case 2:20-cv-02227-KJM-DB Document 28 Filed 01/17/23 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 8, 2022 (ECF No. 25) are adopted 3 4 5 in full; 2. Defendant’s motion to strike plaintiff’s opposition to defendant’s motion to dismiss (ECF No. 15) is denied; 6 3. Defendant’s motion to dismiss (ECF No. 13) is denied; and 7 4. Defendant is ordered to file a responsive pleading within forty-five days. 8 DATED: January 17, 2023. 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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