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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN PHILIP MONCRIEF, 12 Plaintiff, 13 14 15 No. 2:12-cv-00414-MCE-AC P v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action 19 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 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 21 22 No. 71), which were served on all parties and which contained notice that any objections to the 23 Findings and Recommendations were to be filed within fourteen days. Neither party has filed 24 objections to the Findings and Recommendations. The Court has reviewed the file and finds the Findings and Recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 /// 1 1 2 3 4 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: 5 a. GRANTED as to Defendant CDCR, who is now DISMISSED from this action; 6 b. GRANTED as to Count V against Defendants Grounds and Frias; and 7 c. DENIED as to Count V against Defendant Gorham; 8 3. Plaintiff’s request for leave to amend is DENIED. If plaintiff seeks to amend his 9 complaint, he must file a motion to amend the complaint within twenty-one (21) days of the date 10 that this order is electronically filed. The motion must be accompanied by a proposed amended 11 complaint. See E.D. Cal. Local Rule 137(c). 12 IT IS SO ORDERED. 13 14 Dated: August 31, 2015 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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