Taylor v. Wurth et al

Filing 41

ORDER signed by Chief Judge Morrison C. England, Jr on 7/30/15 ADOPTING IN FULL 37 Findings and Recommendations; GRANTING 31 Motion to Dismiss; DISMISSING WITHOUT PREJUDICE Plaintiff's First Amended Complaint and Plaintiff is GRANTED leave to file a Second Amended Complaint within 28 days of service of this order. (Meuleman, 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 ROBERT TAYLOR, 12 No. 2:12-cv-1230 MCE DAD P Plaintiff, 13 v. 14 WUERTH, et al., 15 ORDER 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. On May 4, 2015, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 4, 2015 (ECF No. 37) are ADOPTED in 3 full; 4 2. Defendants’ motion to dismiss (ECF No. 31) is GRANTED; 5 3. Plaintiff’s First Amended Complaint is DISMISSED without prejudice; and 6 4. Plaintiff is granted leave to file a Second Amended Complaint within twenty-eight 7 8 9 days of service of this order. IT IS SO ORDERED. Dated: July 30, 2015 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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