O'Neal v. Amah et al
Filing
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ORDER ADOPTING 21 FINDINGS and RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 08/04/15 and ORDERING that the 15 Motion to Dismiss is GRANTED with prejudice as to plaintiff's claim under RLUIPA and is DENIED to all other respects; plaintiff's 22 Motion for Extension of time is DENIED AS MOOT; plaintiff is GRANTED 30 days to file an amended complaint. (Benson, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GLENN DAVID O’NEAL,
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Plaintiff,
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v.
No. 2:14-cv-1597 GEB KJN P
ORDER
CHAPLAIN AMAH, 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 June 17, 2015, the magistrate judge filed findings and recommendations herein which
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were served on plaintiff and which contained notice to plaintiff that any objections to the findings
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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to
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the findings and recommendations.
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On July 17, 2015, plaintiff filed a request for extension of time in which to file an
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amended complaint. Plaintiff acknowledged receipt of the findings and recommendations, but
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did not request an extension of time to file objections. Because plaintiff is not required to file an
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amended complaint until thirty days after the entry of the instant order, plaintiff’s request is
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denied as moot.
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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.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 17, 2015, are adopted in full;
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2. Defendants’ motion to dismiss (ECF No. 15) is granted, as follows:
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a. Plaintiff’s claim under RLUIPA is dismissed with prejudice; and
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b. In all other respects, defendants’ motion to dismiss is denied; and
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3. Plaintiff is granted thirty days from the date of this order. Plaintiff’s amended
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complaint shall comply with the requirements of the Civil Rights Act, the Federal Rules of Civil
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Procedure, and the Local Rules of Practice. The amended complaint must also bear the docket
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number assigned to this case and must be labeled “Amended Complaint.”
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4. Plaintiff’s motion for extension of time (ECF No. 22) is denied as moot.
Dated: August 4, 2015
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