Lavery v. Dhillon

Filing 170

ORDER ADOPTING 156 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge Morrison C. England, Jr on 6/13/2018 DENYING Plaintiff's 151 Motion to Amend; DISMISSING with prejudice Defendant John Doe. The case is to proceed on Plaintiff's Eighth Amendment claim against defendant Dhillon only. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH LAVERY,

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No. 2:13-cv-2083 MCE AC P

Plaintiff,
v.

ORDER

B. DHILLON 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 March 22, 2018, the magistrate judge issued findings and recommendations herein

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(ECF No. 156) which were served on all parties and which contained notice to all parties that any

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

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party has filed 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 issued March 22, 2018 (ECF No. 156), are
ADOPTED IN FULL;
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2. Plaintiff’s motion to amend (ECF No. 151), is DENIED;

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3. Defendant John Doe is DISMISSED with prejudice, and

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4. The case is to proceed on plaintiff’s Eight Amendment claim against defendant Dhillon

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only.
IT IS SO ORDERED.
Dated: June 13, 2018

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