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)

Download PDF
(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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?