Miller v. Cate et al

Filing 59

ORDER signed by District Judge Lawrence J. O'Neill on 1/30/2012 amending order adopting Findings and Recommendations, which granted Defendants' Allenby, Ahlin, Owens and Sreenivasan's Motion to Dismiss re 15 , 51 , 56 . (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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REGINALD DARRELL MILLER,

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Plaintiff,

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CASE NO. 1:11-cv-01111-LJO-GBC (PC)
ORDER AMENDING ORDER ADOPTING
FINDINGS AND RECOMMENDATIONS,
WHICH GRANTED DEFENDANTS’
ALLENBY, AHLIN, OWENS, AND
SREENIVASAN’S MOTION TO DISMISS

v.
MATTHEW CATE, et al.,

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Defendants.

Docs. 15, 51 & 56
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Plaintiff is a civil detainee proceeding pro se in a 42 U.S.C. § 1983 civil rights action

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removed by Defendants. The matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 15, 2011, Defendants Allenby, Ahlin, Owens, and Sreenivasan filed a Motion to

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Dismiss. On September 23, 2011, the Magistrate Judge issued Findings and Recommendations,

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recommending granting Defendants Allenby, Ahlin, Owens, and Sreenivasan’s Motion to Dismiss.

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Plaintiff did not submitted any objections to the Findings and Recommendations of the Magistrate

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Judge.

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On November 21, 2011, this Court issued an Order Adopting Findings and

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Recommendations, in full. The Findings and Recommendations by the Magistrate Judge included

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the dismissal of Defendant Allenby.1 However, Defendant Allenby’s name was not specifically listed

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Defendant Allenby is the successor to Defendant Mayberg, who was named in the complaint.
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in the Order Adopting. Therefore, the Court clarifies that the Order Adopting did adopt the

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Magistrate Judge’s findings in their entirety, which necessarily included the dismissal of Defendant

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Allenby. The Court AMENDS the November 21, 2011 Order Adopting Findings and

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Recommendations to reflect that the order included the dismissal of Defendant Allenby.

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IT IS SO ORDERED.

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Dated:
b9ed48

January 30, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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