Taylor v. Wurth et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT TAYLOR,
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No. 2:12-cv-1230 MCE DAD P
Plaintiff,
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v.
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WUERTH, et al.,
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ORDER
Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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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
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has filed
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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
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 4, 2015 (ECF No. 37) are ADOPTED in
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full;
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2. Defendants’ motion to dismiss (ECF No. 31) is GRANTED;
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3. Plaintiff’s First Amended Complaint is DISMISSED without prejudice; and
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4. Plaintiff is granted leave to file a Second Amended Complaint within twenty-eight
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days of service of this order.
IT IS SO ORDERED.
Dated: July 30, 2015
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