Viramontes, et al v. Pfizer Inc.

Filing 68

ORDER signed by District Judge Troy L. Nunley on 1/4/2017 ORDERING that the 62 findings and recommendations are ADOPTED in full. Defendant's 52 , 57 Motion to Dismiss the complaint is GRANTED, with leave to amend, on the grounds that plaintiff fails to allege causation. Plaintiff is GRANTED 30 days to amend his complaint. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD G. VIRAMONTES, 12 Plaintiff, 13 14 No. 2:15-cv-1754 TLN AC (PS) v. ORDER PFIZER INC., 15 Defendant. 16 Plaintiff is proceeding in this action in pro per. The matter was referred to a United States 17 18 Magistrate Judge by E.D. Cal. R. 302(c)(21). 19 On September 6, 2016, the Magistrate Judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. ECF No. 62. 22 Defendant has filed objections to the findings and recommendations. ECF No. 66. Plaintiff filed 23 a response to Defendant’s objections. ECF No. 67. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 6, 2016 (ECF No. 62), are adopted 3 4 5 6 in full; 2. Defendant’s Motion to Dismiss the complaint (ECF Nos. 52, 57), is granted, with leave to amend, on the grounds that plaintiff fails to allege causation; and 3. Plaintiff is granted 30 days to amend his complaint. 7 8 9 Dated: January 4, 2017 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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