Hooker v. Kimura-Yip et al

Filing 59

ORDER signed by District Judge Troy L. Nunley on 12/16/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/28/14 56 are ADOPTED in full; and the Second Amended Complaint 54 is DISMISSED without prejudice. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DONALD OLIVER HOOKER,

12
13
14

No. 2:11-cv-0899 TLN CKD P

Plaintiff,
v.

ORDER

T. KIMURA-YIP, et al.,

15

Defendants.

16
17

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

18

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

19

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

20

On October 28, 2014, the magistrate judge filed findings and recommendations herein

21

which were served on Plaintiff and which contained notice to Plaintiff that any objections to the

22

findings and recommendations were to be filed within fourteen days. Plaintiff was granted an

23

extension of time to file objections up to and including November 28, 2014. Plaintiff has not

24

filed objections to the findings and recommendations.

25

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

26

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

27

ORDERED that:

28

1. The findings and recommendations filed October 28, 2014, are adopted in full; and
1

1

2. The Second Amended Complaint (ECF No. 54) is dismissed without prejudice.

2
3
4

Dated: December 16, 2014

5
6
7
8

Troy L. Nunley
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2