UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 19, 2011
BRANSON S. WARD,
SGT. RICH, ET. AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Oswald Parada United States Magistrate Judge
ORDER ADOPTING FINDINGS,CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge, IT IS HEREBY ORDERED that:
(1) Defendants' Motion to Dismiss for failure to exhaust administrative remedies is denied, as Defendants have failed to satisfy their burden of proving this affirmative defense;
(2) Defendants' Motion to Dismiss as untimely Plaintiff's Eighth Amendment cruel and unusual punishment claims as to Defendants Goodrich, Holmes, Harris, and Vernal is denied, as these claims were timely raised;
(3) Defendants' Motion to Dismiss as untimely Plaintiff's First and Fourteenth Amendment claims is denied without prejudice; and
(4) Within thirty (30) days from the date of the entry of the order approving and adopting this Report and Recommendation, Defendants Goodrich, Holmes, Harris, and Vernal, shall file an Answer to Plaintiff's First, Eighth, and Fourteenth Amendment claims.
HONORABLE A. HOWARD MATZ United States District Judge
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