Williams v. Malfi, et al.

Filing 52

ORDER signed by Judge William B. Shubb on 3/31/2010 ORDERING that the 50 Findings and Recommendations are adopted. Dfts' 20 motion to dismiss is GRANTED. Dfts Kelly, Malfi, Carroll and Grannis terminated. Pltf's 22 Motion for Preliminary Injunction is DENIED. Pltf is GRANTED 20 days to file an amended complaint. (Engbretson, K.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. A.J. MALFI, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On March 4, 2010, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Plaintiff filed untimely objections, which the court has nevertheless considered, on March 4, 2010. 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. /// 1 JOHN WESLEY WILLIAMS, Plaintiff, ORDER No. CIV S-08-1737-WBS-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that: 1. 2. The findings and recommendations filed March 4, 2010, are adopted; Defendants' motion to dismiss the complaint as against defendants Grannis, Kelly, Carroll, and Malfi (Doc. 20) is granted; 3. 4. Plaintiff's motion for injunctive relief (Doc. 22) is denied; and Plaintiff is granted 20 days from the date of this Order to file an amended complaint consistent with this order. DATED: March 31, 2010 2

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