Brock v. Tuolumne County Sheriffs

Filing 54

ORDER ADOPTING 49 Findings and Recommendations; ORDER GRANTING Defendants' 44 Motion to Dismiss; and ORDER DIRECTING Clerk of Court to File Plaintiff's Fourth Amended Complaint signed by District Judge Dale A. Drozd on 7/16/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID LEE BROCK,

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Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS;
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS; AND

v.
TUOLUMNE COUNTY SHERIFF’S
OFFICE, et al.,

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No. 1:17-cv-01610-NONE JLT (PC)

ORDER DIRECTING CLERK OF COURT TO
FILE PLAINTIFF’S FOURTH AMENDED
COMPLAINT

Defendants.
(Docs. 44, 49, 50)

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 15, 2020, the magistrate judge filed findings and recommendations, which were

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

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within fourteen days. (Doc. No. 49.) Plaintiff has not filed objections. Instead, he lodged a

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Fourth Amended Complaint. (Doc. No. 50.)

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed May 15, 2020, (Doc. No. 49), are adopted in

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full;

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2. Defendants’ motion to dismiss (Doc. No. 44) is granted;

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3. The Clerk of Court is directed to file the lodged Fourth Amended Complaint (Doc.

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50); and
4. This matter is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

July 16, 2020
UNITED STATES DISTRICT JUDGE

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