Hoskins v. Ngyen

Filing 30

ORDER ADOPTING 25 Findings and Recommendations, signed by District Judge Dale A. Drozd on 6/5/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY HOSKINS,

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Plaintiff,

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v.

No. 1: 17-cv-01133-DAD-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. No. 25)

L. NGYEN, et al.,

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Defendants.

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Plaintiff Anthony Hoskins is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action brought 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.

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On March 11, 2019, the assigned magistrate judge issued findings and recommendations,

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recommending that plaintiff’s motion seeking leave to file a second amended complaint (Doc.

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No. 22) be denied. (Doc. No. 25.) Therein, the magistrate judge found that plaintiff’s motion

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failed to satisfy either the standard under Federal Rule of Civil Procedure 16 or the more lenient

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Rule 15 standard for seeking leave to amend. (Id. at 2–6.) The findings and recommendations

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were served on plaintiff and contained notice that any objections thereto were to be filed within

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fourteen days after service. (Id. at 7.) To date, plaintiff has not filed any objections, and the time

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to do so has since passed.

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/////
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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 findings

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

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Accordingly:

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1.

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The findings and recommendations issued on March 26, 2019 (Doc. No. 25) are
adopted in full;

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2.

Plaintiff’s motion to amend his complaint (Doc. No. 22) is denied; and

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3.

This action is referred back to the assigned magistrate judge for further

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proceedings consistent with this order.

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IT IS SO ORDERED.
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Dated:

June 5, 2019
UNITED STATES DISTRICT JUDGE

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