Ellis v. Reddy

Filing 27

ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 9/20/13 GRANTING 12 Motion to Dismiss with leave to amend. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT ELLIS,

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Plaintiff,

Defendant.

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No. CIV. 12-1691-JAM-KJN-P

ORDER

vs.
REDDY,

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/

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Plaintiff, a state prisoner proceeding pro se, 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.

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On May 7, 2013, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.

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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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1. The findings and recommendations filed May 7, 2013 (ECF No. 23), are
adopted in full.

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2. Defendant’s motion to dismiss (ECF No. 12), is granted without prejudice to

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plaintiff filing an amended complaint.1

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DATED:

September 20, 2013

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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Plaintiff has now filed an Amended Complaint (ECF No. 24), which shall be reviewed
by the magistrate judge.
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