(PC) Felder v. Henson et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY E. FELDER,
Case No. 1:13-cv-01622-AWI-JLT (PC)
Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT
DEFENDANTS' MOTION TO DISMISS
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vs.
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HENSON, et al.,
Defendants.
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(Docs. 21, 38)
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Plaintiff, Anthony E. Felder, is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action pursuant to 42 U.S.C. § 1983. 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. Plaintiff is
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proceeding on his First Amended Complaint. (Doc. 12.) Defendants filed a motion to dismiss on
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March 4, 2014. (Doc. 21.) On September 11, 2015, the Magistrate Judge recommended
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Defendants' motion to dismiss be granted and that Plaintiff be allowed to file a second amend
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complaint. (Doc. 38.) The Findings and Recommendations was served on the parties that same
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date and allowed for objections to be filed within twenty-one days. (Id.) Despite a lapse of more
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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
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de novo review of this case. Having carefully reviewed the entire file, the Court finds the
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Findings and Recommendations to be supported by the record and by proper analysis.
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///
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Findings and Recommendations, issued on September 11, 2015, is adopted in full;
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2. Defendants’ motion to dismiss, filed on March 4, 2014 (Doc. 21) is granted; and
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3. Within thirty (30) days from the date of service of this order, Plaintiff must either file
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a second amended complaint curing the deficiencies identified in the Findings and
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Recommendations; or
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4. If Plaintiff fails to comply with this order, this action will be dismissed for failure to
obey a court order.
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IT IS SO ORDERED.
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Dated: October 16, 2015
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SENIOR DISTRICT JUDGE
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