Marcelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARINO ANTONIO HERNANDEZ, No. 1:19-cv-01219-NONE-JLT (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND DENYING

PLAINTIFF’S MOTION TO STRIKE

J. MARCELO, et al., DEFENDANTS’ AFFIRMATIVE DEFENSES

Defendants. (Doc Nos. 28, 40)

16 Plaintiff Marino Hernandez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 17, 2020, plaintiff filed a motion to strike all but one of defendants’ affirmative defenses asserted in their answer. (Doc. No. 28.) Defendants filed an opposition on September 11, 2020, (Doc. No. 31), to which plaintiff filed a reply on September 21, 2020, (Doc. No. 32). On January 6, 2021, the assigned magistrate judge filed findings and recommendations, recommending that plaintiff’s motion…