Hemsley v. Swarthout et al

Filing 36

ORDER signed by Judge John A. Mendez on 4/15/2014 ADOPTING IN FULL 33 Findings and Recommendations; GRANTING 19 Motion to Dismiss; GRANTING the plaintiff thirty days to file a Second Amended Complaint raising only his Eighth Amendment deliberate indifference claim against Dr. Winn; INFORMING the defendants that they are not required to answer the Second Amended Complaint until it has been screened by the court pursuant to 28 U.S.C. § 1915A. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN HEMSLEY,

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No. 2:12-cv-2930-JAM-EFB P

Plaintiff,
v.

ORDER

G. SWARTHOUT, et al.,

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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.

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On February 27, 2014, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within 30 days. Plaintiff has not filed objections

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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 February 27, 2014, are adopted in full;

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2. Defendants’ May 28, 2013 motion to dismiss (ECF No. 19) is granted;
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3. Plaintiff is granted thirty days from the date of this order to file a second amended

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complaint raising only his Eighth Amendment deliberate indifference claim against Dr. Winn;

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and

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4. Defendants are not required to respond to any second amended complaint until it has

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been screened by the court pursuant to 28 U.S.C. § 1915A.

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DATED: April 15, 2014

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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