McClellan v. Kern County Sheriff's Office et al

Filing 117

ORDER Adopting FINDINGS AND RECOMMENDATIONS To Deny Plaintiff's Motion To Amend The Pleadings (ECF No. 88 & 100 ), signed by District Judge Lawrence J. O'Neill on 8/13/2015. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY MCCLELLAN, Plaintiff, 12 v. 13 14 KERN COUNTY SHERIFF’S OFFICE, et al., 15 Case No. 1:10-cv-0386-LJO-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTION TO AMEND THE PLEADINGS (ECF No. 100) Defendant. 16 17 18 19 20 21 Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s excessive force claim against Defendants Lozano, Wood, and Perkins, all of whom have appeared in the 22 action. (ECF Nos. 23, 71, & 73.) The matter was referred to a United States Magistrate 23 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 24 On July 14, 2015, the Magistrate Judge issued findings and recommendations 25 (ECF No. 100) to deny Plaintiff’s motion to amend the pleadings to include a medical 26 indifference claim. (ECF No. 88). Plaintiff filed objections on July 29, 2015. (ECF No. 27 28 108.) 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 2 the Court has conducted a de novo review of this case. Having carefully reviewed the 3 entire file, the Court finds that the July 14, 2015 findings and recommendations are 4 5 supported by the record and by proper analysis. Accordingly, it is HEREBY ORDERED that: 6 7 1. The Court adopts the findings and recommendations (ECF No. 100), filed July 14, 2015, in full; and 8 9 2. Plaintiff’s motion to amend the pleadings (ECF No. 88), filed June 8, 2015, is 10 DENIED. 11 IT IS SO ORDERED. 12 Dated: /s/ Lawrence J. O’Neill August 13, 2015 13 14 UNITED STATES DISTRICT JUDGE 3. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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