(PC) Price v. Iqbal ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IMMANUEL C. PRICE, No. 2:20-cv-01439-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 Z. IQBAL, et al., 15 Defendants. 16 17 Plaintiff Immanuel C. Price (“Plaintiff”), a state prisoner proceeding pro se, has filed this 18 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 July 12, 2021, the magistrate judge filed findings and recommendations herein which 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 fourteen days. (ECF No. 31.) Defendants 23 and Plaintiff each filed objections to the findings and recommendations (ECF Nos. 32, 34), which 24 have been considered by the Court. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 26 Court has conducted a de novo review of this case. See McDonnell Douglas Corp. v. Commodore 27 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 28 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). Having reviewed the file under the 1 | applicable legal standards, the Court finds the Findings and Recommendations to be supported by 2 | the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed July 12, 2021 (ECF No. 31), are ADOPTED 5 | IN FULL; 6 2. Defendants’ Motion to Revoke Plaintiff's In Forma Pauperis Status (ECF No. 25) is 7 | DENIED; and 8 3. Defendants Rueter, Iqbal and Gates are directed to file a response to the Complaint 9 | within twenty-one days from the date of service of this Order. 10 IT IS SO ORDERED. 11 Dated: August 30, 2021 12 / 13 “ \/ Lu 14 ae ZA Troy L. Nunley> } 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28