Ivy v. San Joaquin County Correctional Healthcare Services et al

Filing 19

ORDER signed by Judge John A. Mendez on 3/20/2015 ADOPTING IN FULL 18 Findings and Recommendations; GRANTING the unopposed 15 Motion to Dismiss with leave to amend; ORDERING the plaintiff to file an amended complaint within 30 days; CAUTIONING the plaintiff that a failure to file an amended complaint within the time set forth in this order may be grounds for dismissal of this action. (Michel, G.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 EARNEST BARNARD IVY, 11 Plaintiff, 12 13 14 No. 2:12-cv-2992-JAM-CMK v. ORDER SAN JOAQUIN COUNTY CORRECITONAL HEALTHCARE SERVICES, et al., 15 Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 17 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. On February 19, 2015, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. No objections to the findings and recommendations have been 23 filed. 24 25 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The findings and recommendations filed February 19, 2015, are adopted in 28 full; 1 1 2 3 4 5 6 2. Defendants’ unopposed motion to dismiss (Doc. 15) is granted with leave to amend; 3. Plaintiff shall file an amended complaint within 30 days of the date of this order; and 4. Plaintiff is cautioned that failure to file an amended complaint within the time set forth in this order may be grounds for dismissal of this action. 7 8 DATED: March 20, 2015 9 /s/ John A. Mendez_______________________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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