Valencia v. Kokor

Filing 47

ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 26 Defendant's Motion to Dismiss; ORDER DISMISSING Plaintiff's Complaint and Supplemental Complaint WITH LEAVE TO AMEND signed by District Judge Lawrence J. O'Neill on 4/20/2015. Amended Complaint due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL G. VALENCIA,

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Plaintiff,

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v.

Case No. 1:13-cv-01391-LJO-DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANT’S MOTION TO DISMISS
WITH LEAVE TO AMEND

WINFRED KOKOR,
(Document 43)

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Defendant.

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Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 30, 2013. He

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filed a supplemental complaint on May 24, 2014. On October 28, 2014, Defendant filed a motion to

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dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 11, 2015, the Magistrate Judge issued Findings and Recommendations that

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Defendant’s motion be granted and that Plaintiff’s complaint and supplemental complaint be

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dismissed with leave to amend. The Findings and Recommendations were served on the parties and

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contained notice that any objections must be filed within thirty days. The parties have not filed

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objections.

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

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed March 11, 2015, are adopted in full;

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2.

Defendant’s motion to dismiss (Document 26) is GRANTED; and

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3.

Plaintiff’s complaint and supplemental complaint are DISMISSED WITH LEAVE

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TO AMEND. Plaintiff SHALL file a single, complete amended complaint within

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thirty (30) days of the date of service of this order. The amended complaint SHALL

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be subject to screening and Defendant need not file a response until ordered to do so.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

April 20, 2015

UNITED STATES DISTRICT JUDGE
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