Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 72

ORDER ADOPTING 71 FINDINGS AND RECOMMENDATIONS in full signed by Chief Judge Morrison C. England, Jr. on 08/31/15 ORDERING that the 62 Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to Defendant CDCR, who is now DISMISSED; GRANTED as to Count V against Defendants Grounds and Frias; and DENIED as to Count V against Defendant Gorham; plaintiff's request for leave to amend is DENIED. If plaintiff seeks to amend his complaint, he must file a motion to amend the complaint within 21 days. The motion must be accompanied by a proposed amended complaint. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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Plaintiff,

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No. 2:12-cv-00414-MCE-AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action

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

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 30, 2015, the magistrate judge filed Findings and Recommendations herein (ECF

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No. 71), which were served on all parties and which contained notice that any objections to the

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Findings and Recommendations were to be filed within fourteen days. Neither party has filed

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objections to the Findings and Recommendations.
The Court has reviewed the file and finds the Findings and Recommendations to be

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

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ORDERED that:

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///
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1. The Findings and Recommendations filed July 30, 2015 (ECF No. 71) are ADOPTED
IN FULL;
2. Defendants’ motion to partially dismiss the third amended complaint (ECF No. 62) is
GRANTED in part and DENIED in part as follows:

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a. GRANTED as to Defendant CDCR, who is now DISMISSED from this action;

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b. GRANTED as to Count V against Defendants Grounds and Frias; and

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c. DENIED as to Count V against Defendant Gorham;

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3. Plaintiff’s request for leave to amend is DENIED. If plaintiff seeks to amend his

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complaint, he must file a motion to amend the complaint within twenty-one (21) days of the date

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that this order is electronically filed. The motion must be accompanied by a proposed amended

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complaint. See E.D. Cal. Local Rule 137(c).

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IT IS SO ORDERED.

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Dated: August 31, 2015

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