Richardson v. Candelaria, et al

Filing 18

ORDER ADOPTING FINDINGS and RECOMMENDATIONS granting motions to dismiss by defendants Candelaria and Guzzerd with leave to amend signed by Judge Oliver W. Wanger on 9/28/2005. Any amended complaint will be filed within 26 days.(Lucas, G)

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(PC) Richardson v. Candelaria, et al Doc. 18 Case 1:04-cv-05009-OWW-DLB Document 18 Filed 09/28/2005 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 /// 1 This matter is before the Court on the Findings and Recommendations of the Magistrate Judge recommending that the motion to dismiss of Defendants Candelaria, Guzzerd and Shannon be granted. The Court has conducted an independent analysis of The Magistrate Judge v. R.L. CANDELARIA, et al., Defendants. JOHN WESLEY RICHARDSON, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) 1:04-cv-5009 OWW DLB P ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE: DEFENDANTS' MOTION TO DISMISS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA the motion pursuant to 28 U.S.C. § 636(b). has properly analyzed applicable law and fully advised the Plaintiff as to what is required to allege supervisor liability. The Findings and Recommendations of the Magistrate Judge are ADOPTED. The Complaint shall be dismissed as to Defendants Candelaria and Guzzerd for failure to state, with leave to amend. Any amended complaint shall be filed within twenty-six (26) Dockets.Justia.com Case 1:04-cv-05009-OWW-DLB Document 18 Filed 09/28/2005 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 days following the date of service by the Clerk of this Order. SO ORDERED. DATED: September __28__, 2005. /s/ OLIVER W. WANGER _____________________________ Oliver W. Wanger UNITED STATES DISTRICT JUDGE richardson v. candelaria order 2

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