Ward v. Ives et al

Filing 59

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN C. WARD,

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No. 2:11-cv-1657-GEB-EFB P
Plaintiff,

v.

ORDER

RICHARD IVES, et al.,
Defendants.

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Plaintiff, a federal prisoner proceeding pro se, has filed this action alleging a

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Federal Tort Claims Act (“FTCA”) claim and First Amendment and Eighth Amendment claims

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under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388

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(1971). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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On September 4, 2014, the Magistrate Judge filed an Order and Findings and

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Recommendations; the findings and recommendations contained therein concern Defendants

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United States of America, Jay Salinas, Ryan Binford, and Joe Fieber’s motion to dismiss, (ECF

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No. 44). The findings and recommendations were served on all parties and contained notice that

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any objections to the findings and recommendations were to be filed within fourteen days. No

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objections to the findings and recommendations were filed.

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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.
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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations filed September 4, 2014, are adopted in

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Defendants’ motion to dismiss, (ECF No. 44), is granted;

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3.

Plaintiff’s FTCA and First Amendment claims are dismissed with

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Plaintiff is granted thirty (30) days from the date on which this order is

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full;

prejudice;

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filed to file a Third Amended Complaint addressing the deficiencies referenced in the September

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4, 2014 findings and recommendations on the Eighth Amendment claim alleged against

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Defendants Salinas, Binford, and Fieber; and
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Plaintiff is warned that this action may be dismissed with prejudice under

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Federal Rule of Civil Procedure 41(b) if Plaintiff fails to timely file a Third Amended Complaint.

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Dated: September 29, 2014

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