(PC) Felder v. Henson et al

Filing 39

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANTS' MOTION TO DISMISS re #21 , #38 signed by District Judge Anthony W. Ishii on 10/16/2015. ( Second Amended Complaint due by 11/23/2015).(Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 ANTHONY E. FELDER, Case No. 1:13-cv-01622-AWI-JLT (PC) Plaintiff, 10 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANTS' MOTION TO DISMISS 11 vs. 12 HENSON, et al., Defendants. 13 (Docs. 21, 38) 14 15 16 Plaintiff, Anthony E. Felder, is a state prisoner proceeding pro se and in forma pauperis 17 with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff is 19 proceeding on his First Amended Complaint. (Doc. 12.) Defendants filed a motion to dismiss on 20 March 4, 2014. (Doc. 21.) On September 11, 2015, the Magistrate Judge recommended 21 Defendants' motion to dismiss be granted and that Plaintiff be allowed to file a second amend 22 complaint. (Doc. 38.) The Findings and Recommendations was served on the parties that same 23 date and allowed for objections to be filed within twenty-one days. (Id.) Despite a lapse of more 24 than the time allowed, neither side has filed objections. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 25 26 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 27 Findings and Recommendations to be supported by the record and by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, issued on September 11, 2015, is adopted in full; 3 2. Defendants’ motion to dismiss, filed on March 4, 2014 (Doc. 21) is granted; and 4 3. Within thirty (30) days from the date of service of this order, Plaintiff must either file 5 a second amended complaint curing the deficiencies identified in the Findings and 6 Recommendations; or 7 8 4. If Plaintiff fails to comply with this order, this action will be dismissed for failure to obey a court order. 9 10 IT IS SO ORDERED. 11 Dated: October 16, 2015 12 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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