Nguyen v. California Prison Health Service, et al.

Filing 56

ORDER signed by District Judge Morrison C. England, Jr. on 09/27/2016 ADOPTING IN FULL 48 Findings and Recommendations; GRANTING Defendant Elam's 32 Motion to Dismiss with leave to amend. The portion of the magistrate judge's 8/3/2016 findings and recommendations that recommended Plaintiff be granted 30 days to file his amended complaint is NOT ADOPTED AS MOOT. (Jackson, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

NAM BA NGUYEN,

12
13
14
15

No. 2:13-cv-963-MCE-EFB P

Plaintiff,
v.

ORDER

CALIFORNIA PRISON
HEALTHSERVICE, et al.,
Defendants.

16
17
18

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

19

under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

20

28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

21

On August 3, 2016, the magistrate judge filed findings and recommendations herein

22

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

23

the findings and recommendations were to be filed within fourteen days. ECF No. 48. Neither

24

party has filed objections to the findings and recommendations. Plaintiff filed his amended

25

complaint on August 29, 2016. ECF No. 50.

26

The Court has reviewed the file and finds the findings and recommendations to be

27

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

28

ORDERED that:
1

1
2

1. The findings and recommendations filed August 3, 2016 (ECF No. 48), are ADOPTED
IN FULL;

3
4

2. Defendant Elam’s motion to dismiss (ECF No. 32) is GRANTED with leave to amend;
and

5

3. The portion of the magistrate judge’s August 3, 2016 findings and recommendations

6

that recommended Plaintiff be granted 30 days to file his amended complaint is not adopted as

7

moot.

8
9

IT IS SO ORDERED.
Dated: September 27, 2016

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2