Richardson v. Candelaria, et al

Filing 17

ORDER granting in part and denying in part 13 Motion to Dismiss signed by Judge Oliver W. Wanger on 9/1/2005. Plaintiff granted 30 days leave to amend. (Lucas, G)

(PC) Richardson v. Candelaria, et al

Doc. 17

Case 1:04-cv-05009-OWW-DLB

Document 17

Filed 09/21/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, John Wesley Richardson ("plaintiff"), a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The vs. R.L. CANDELARIA, et al., Defendants. / ORDER GRANTING IN PART MOTION TO DISMISS (Doc. 14) JOHN WESLEY RICHARDSON, Plaintiff, 1:04-cv-05009-OWW-DLB-P ORDER ADOPTING FINDINGS AND RECOMMENDATION (Doc. 16) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. On June 2, 2005, the Magistrate Judge filed Findings and Recommendation herein which were served on the parties and which contained notice to the parties that any objections to the Findings and Recommendation were to be filed within thirty (30) days. To date, the parties have not filed objections to the

Magistrate Judge's Findings and Recommendation. // 1
Dockets.Justia.com

Case 1:04-cv-05009-OWW-DLB

Document 17

Filed 09/21/2005

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this 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 Findings and Recommendation, filed June 2, 2005,

are ADOPTED IN FULL; 2. Defendants' motion to dismiss, filed October 22, 2004,

is GRANTED IN PART; and, 3. Plaintiff is granted thirty (30) days from the date of

service of this order within which to file an amended complaint. IT IS SO ORDERED. Dated: September 1, 2005 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

2