Reno Rios v. Gipson et al

Filing 118

ORDER Adopting 108 Findings and Recommendation to Deny Plaintiff's Motion to Amend, re 104 , 105 , signed by Chief Judge Lawrence J. O'Neill on 9/14/18. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RENO FUENTES RIOS, 11 Plaintiff, 12 13 Case No. 1:12-cv-01334-LJO-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF’S MOTION TO AMEND v. GIPSON, et al., (Docs. 104, 105, 108) 14 Defendants. 15 16 Plaintiff, Reno Fuentes Rios, is a state prisoner proceeding pro se and in forma pauperis 17 in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On July 19, 2018, the Magistrate Judge filed a Findings and Recommendations to deny 20 Plaintiff’s motion to amend, which was served on the parties and notified the parties that 21 objections were to be filed within twenty-one days. (Doc. 108.) Despite lapse of more than the 22 allowed time, neither side has filed objections. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 25 Findings and Recommendations to be supported by the record and by proper analysis. 26 /// 27 // 28 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. the Findings and Recommendations, issued on July 19, 2018 (Doc. 108), are 3 adopted in full; 4 2. Plaintiff’s motion to amend, filed on June 12, 2018 (Doc. 105) is DENIED; and 5 3. the Clerk of the Court is directed to STRIKE Plaintiff’s second amended 6 complaint, lodged on June 12, 2018 (Doc. 104), from the record in this case. 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ September 14, 2018 UNITED STATES CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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