Summary
applying Iqbal/Twombly pleading standard to affirmative defenses
Summary of this case from Leos v. RaseyOpinion
CASE NO. 1:14-cv-1216-LJO-MJS (PC)
04-08-2015
EDDIE HAMILTON, Plaintiff, v. J. QUINONEZ, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO:
1) DENY REQUEST FOR ENTRY OF DEFAULT
2) GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES
(ECF NO. 20)
CASE TO REMAIN OPEN
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 9.) The action proceeds on Plaintiff's Eight Amendment failure to protect claim against Defendants Quinonez and Lozano. (ECF Nos. 9 & 10.)
On March 17, 2017, the Magistrate Judge issued findings and recommendations to deny Plaintiff's request for entry of default and to grant in part and deny in part Plaintiff's motion to strike. (ECF No. 20.) Neither Plaintiff nor Defendants have filed objections.
Before this Court is Plaintiff's "Motion to Strike Defendant's [sic] Answer and Affirmative Defenses to Complaint." (ECF No. 18.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendation to be supported by the record and by proper analysis.
Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the Findings and Recommendation filed on March 17, 2015 (ECF No. 20) in full; andIT IS SO ORDERED.
2. The case is to remain open.
Dated: April 8 , 2015
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE