(PC) Curley v. Clark et al

Filing 14

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 No. 1:20-cv-00453-NONE-JLT (PC) KEVIN CURLEY, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS COMPLAINT WITH LEAVE TO AMEND Plaintiff, v. (Doc. Nos. 1, 12) CHIEF DEPUTY WARDEN CLARK, et al., THIRTY-DAY DEADLINE Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 2, 2020, the assigned magistrate judge issued an order explaining why the 22 claims in plaintiff’s original complaint were deficient, and directing plaintiff to either file an 23 amended complaint, seek voluntary dismissal, or elect to stand on the complaint as originally 24 plead. (Doc. No. 8.) Thereafter, plaintiff filed two documents (Doc. Nos. 9, 10), which the 25 magistrate judge construed as requests to stand on his original complaint (see Doc. No. 12 at 1). 26 On December 4, 2020, the magistrate judge filed findings and recommendations, recommending 27 that the complaint be dismissed with leave to amend. (Id.) Plaintiff timely filed objections 28 thereto. (Doc. No. 13.) In his objections, plaintiff does not object to the magistrate judge’s 1 1 conclusions regarding the original complaint, but appears to be requesting leave to amend to 2 specify the identity of certain individuals previously mentioned only in generic terms in the 3 original complaint. (Id.) The undersigned finds this request to be consistent with the existing 4 instructions provided by the magistrate judge in the underlying screening order (Doc. No. 8), and 5 the findings and recommendations, which already recommend granting plaintiff leave to amend. 6 The court has reviewed the file and finds the findings and recommendations to be 7 supported by the record and by the magistrate judge’s analysis. Accordingly, the court orders as 8 follows: 9 1. The findings and recommendations filed December 4, 2020 (Doc. No. 12), are adopted 10 11 in full; 2. Plaintiff’s complaint is dismissed for failure to state a claim with leave to amend being 12 13 granted; and 3. Plaintiff shall file a first amended complaint within thirty days from the date of this 14 15 16 17 order. IT IS SO ORDERED. Dated: February 16, 2021 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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