McQueen v. Brown et al.

Filing 37

ORDER signed by District Judge John A. Mendez on 6/13/19 ADOPTING 27 FINDINGS AND RECOMMENDATIONS as follows: Defendants' 21 Motion to Dismiss is DENIED as to the Eighth Amendment claim, and GRANTED as to the Equal Protection claim with out prejudice to amendment; Plaintiff is GRANTED thirty (30) days after the filing date of this order to file a Second Amended Complaint; and This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMAR MCQUEEN, aka NINA
SHANAY MCQUEEN,
Plaintiff,

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ORDER
v.

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No. 2:15-cv-2544 JAM AC P

EDMUND BROWN, et al.,
Defendants.

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Plaintiff, a state prisoner who now proceeds through counsel,1 has filed this civil rights

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action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On February 27, 2019, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice that any objections to the findings
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and recommendations were to be filed within fourteen days; that period was extended by
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stipulation of the parties. Both plaintiff and defendants have filed objections to the findings and
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recommendations.
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Counsel was appointed for plaintiff after the magistrate judge issued the subject findings and
recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis. Additionally, for the reasons set forth in the findings and recommendations as well as

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the parties’ respective objections, plaintiff will be granted leave to amend.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 27, 2019, are adopted as follows:

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defendants’ motion to dismiss, ECF No. 21, is denied as to the Eighth Amendment claim, and

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granted as to the Equal Protection claim without prejudice to amendment;

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2. Plaintiff is granted thirty (30) days after the filing date of this order to file a Second
Amended Complaint; and
3. This case is referred back to the assigned magistrate judge for all further pretrial
proceedings.
IT IS SO ORDERED.

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DATED: June 13, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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