Singleton, Sr. v. Eli Lilly, Co.

Filing 19

ORDER Adopting 18 Findings and Recommendations that Plaintiff's Complaint be Dismissed, signed by Chief Judge Anthony W. Ishii on 7/24/12. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAMAR SINGLETON, SR.,

CASE NO. 1:10-cv-02019-AWI-SKO

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT
PLAINTIFF'S COMPLAINT BE
DISMISSED

Plaintiff,
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v.

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(Doc. No. 18)
ELI LILLY, CO.,

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Defendants.
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On June 5, 2012, the Magistrate Judge issued Findings and Recommendations that Plaintiff's

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complaint be dismissed with prejudice. (Doc. 18.) These Findings and Recommendations were

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served on all parties appearing in the action and contained notice that any objections were to be filed

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within twenty-eight (28) days after service of the order. No objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the

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Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

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The court will dismiss all claims against Defendant Eli Lilly with prejudice. Further, it appears that

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Plaintiff may be attempting to add Sherri Lopez as a defendant (Lopez is mentioned for the first time

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in the second amended complaint, but she is not listed in the caption of the complaint or in the

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section of the complaint that lists the names of the defendants). Although Rule of Civil Procedure

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20 permits a plaintiff to join multiple defendants in a single cause of action, Rule 20's criteria has

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not been met in this case. See Fed. R. Civ. Pro. 20(a)(2). Accordingly, to the extent that Plaintiff

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is attempting to allege claims against Sherri Lopez in this case, the court will dismiss Lopez without

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prejudice, but without leave to amend. Plaintiff may file a separate cause of action against Sherri

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Lopez.1

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations issued June 5, 2012, are ADOPTED IN FULL;

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2.

Plaintiff's claims against Defendant Eli Lilly are DISMISSED with prejudice and

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without leave to amend;
3.

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Plaintiff’s claims against Sherri Lopez are DISMISSED without prejudice, but
without leave to amend in this court; and

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This Clerk shall CLOSE this case.

IT IS SO ORDERED.

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Dated:
0m8i78

July 24, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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The Court is not making any determinations regarding the validity of any claims that Plaintiff may have
against Sherri Lopez.

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