(PC) Curley v. Clark et al
ORDER ADOPTING 12 Findings and Recommendations to Dismiss Complaint With Leave to Amend, signed by District Judge Dale A. Drozd on 2/16/2021. (Amended Complaint due within THIRTY DAYS.)(Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
No. 1:20-cv-00453-NONE-JLT (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
COMPLAINT WITH LEAVE TO AMEND
(Doc. Nos. 1, 12)
CHIEF DEPUTY WARDEN CLARK, et
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On November 2, 2020, the assigned magistrate judge issued an order explaining why the
claims in plaintiff’s original complaint were deficient, and directing plaintiff to either file an
amended complaint, seek voluntary dismissal, or elect to stand on the complaint as originally
plead. (Doc. No. 8.) Thereafter, plaintiff filed two documents (Doc. Nos. 9, 10), which the
magistrate judge construed as requests to stand on his original complaint (see Doc. No. 12 at 1).
On December 4, 2020, the magistrate judge filed findings and recommendations, recommending
that the complaint be dismissed with leave to amend. (Id.) Plaintiff timely filed objections
thereto. (Doc. No. 13.) In his objections, plaintiff does not object to the magistrate judge’s
conclusions regarding the original complaint, but appears to be requesting leave to amend to
specify the identity of certain individuals previously mentioned only in generic terms in the
original complaint. (Id.) The undersigned finds this request to be consistent with the existing
instructions provided by the magistrate judge in the underlying screening order (Doc. No. 8), and
the findings and recommendations, which already recommend granting plaintiff leave to amend.
The court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis. Accordingly, the court orders as
1. The findings and recommendations filed December 4, 2020 (Doc. No. 12), are adopted
2. Plaintiff’s complaint is dismissed for failure to state a claim with leave to amend being
3. Plaintiff shall file a first amended complaint within thirty days from the date of this
IT IS SO ORDERED.
February 16, 2021
UNITED STATES DISTRICT JUDGE
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