1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN WILLIAMS, 12 Plaintiff, No. 2:23-cv-0958-TLN-SCR P 13 v. 14 RICK M. HILL, et al., ORDER 15 Defendants. 16 17 Plaintiff Melvin Williams (“Plaintiff”), a state prisoner proceeding pro se, filed this civil 18 rights action seeking relief under

. The matter was referred to a United States 19 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On August 26, 2025, the magistrate judge filed findings and recommendations which were 21 served on all parties and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen (14) days. (ECF No. 38.) This deadline has 23 passed, and no objections have been filed. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court[.]”). 28 Having reviewed the file, the Court finds the findings and recommendations to be supported by 1 | the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations, (ECF No. 38), are adopted in full; 4 2. Plaintiff's motion to strike, (ECF No. 35), is GRANTED IN PART and DENIED IN 5 PART as follows: 6 a. Defendant’s affirmative defenses one, four, seven, ten, and thirteen are stricken 7 without leave to amend; 8 b. Defendant’s affirmative defenses two, five, nine, and eleven are stricken with 9 leave to amend; and 10 c. Plaintiff's motion is denied only as to Defendants’ affirmative defenses three, six, 11 eight, and twelve. 12 3. If Defendants wish to amend affirmative defenses two, five, nine, and eleven, they may 13 file an amended answer that pleads a sufficient factual basis to provide fair notice of the 14 affirmative defenses within fourteen (14) days of this order. 15 16 | DATED: October 23, 2025 18 TROY L. NUNLEY 19 CHIEF UNITED STATES DISTRICT JUDGE

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