(PC)Spencer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD B. SPENCER Case No. 1:19-cv-01615-ADA-HBK Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

v. (ECF No. 47) C. CARLSON, Defendant. 16 Plaintiff Edward B. Spencer (“Plaintiff”), a state prisoner, is proceeding pro se and in forma pauperis on his First Amended Complaint, stemming from events that allegedly occurred while he was confined at the California Substance Abuse Treatment Facility. (ECF Nos. 7, 14.) On September 13, 2021, Plaintiff filed a motion to strike all eight of Defendant’s affirmative defenses. (ECF No. 33.) Defendant filed a timely response on March 2, 2022. (ECF No. 45.) On March 28, 2022, the Magistrate Judge issued a findings and recommendations, recommending that Plaintiff’s motion to strike be granted as to Defendant’s sixth (failure to mitigate), seventh (reduction of damages), and eighth (right to assert affirmative defenses) affirmative defenses. (ECF No. 47 at 9.) The Magistrate Judge also…