Ward v. Ives et al
ORDER ADOPTING 58 FINDINGS AND RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 9/29/2014. Defendants' 44 Motion to Dismiss is GRANTED. Plaintiff's FTCA and First Amendment claims are DISMISSED with prejudice. Plaintiff is GRANTED 30 days from date Order is filed to submit a Third Amended Complaint. (Marciel, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JOHN C. WARD,
No. 2:11-cv-1657-GEB-EFB P
RICHARD IVES, et al.,
Plaintiff, a federal prisoner proceeding pro se, has filed this action alleging a
Federal Tort Claims Act (“FTCA”) claim and First Amendment and Eighth Amendment claims
under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388
(1971). 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 September 4, 2014, the Magistrate Judge filed an Order and Findings and
Recommendations; the findings and recommendations contained therein concern Defendants
United States of America, Jay Salinas, Ryan Binford, and Joe Fieber’s motion to dismiss, (ECF
No. 44). The findings and recommendations were served on all parties and contained notice that
any objections to the findings and recommendations were to be filed within fourteen days. No
objections to the findings and recommendations were filed.
The court has reviewed the file and finds the referenced findings and
recommendations to be supported by the record and by the Magistrate Judge’s analysis.
Accordingly, IT IS HEREBY ORDERED that:
The findings and recommendations filed September 4, 2014, are adopted in
Defendants’ motion to dismiss, (ECF No. 44), is granted;
Plaintiff’s FTCA and First Amendment claims are dismissed with
Plaintiff is granted thirty (30) days from the date on which this order is
filed to file a Third Amended Complaint addressing the deficiencies referenced in the September
4, 2014 findings and recommendations on the Eighth Amendment claim alleged against
Defendants Salinas, Binford, and Fieber; and
Plaintiff is warned that this action may be dismissed with prejudice under
Federal Rule of Civil Procedure 41(b) if Plaintiff fails to timely file a Third Amended Complaint.
Dated: September 29, 2014
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