Hendrix v. Health and Social Services of Solano County et al

Filing 53

ORDER signed by District Judge Morrison C. England, Jr on 9/28/2017 ADOPTING 52 Findings and Recommendations; GRNATING 44 Motion to Dismiss certain defendants and defendants Crutison, Kiesz, and Moore are DISMISSED; GRANTING 35 Motion to Dismiss ; Plaintiff's first amended complaint is DISMISSED with leave to amend, as provided in the magistrate judge's findings and recommendations. Plaintiff is granted thirty days from the date of this order to file a second amended complaint. (Washington, S)

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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 STEVEN HENDRIX, 12 Plaintiff, 13 14 15 No. 2:15-cv-02689-MCE-EFB PS v. ORDER HEALTH AND SOCIAL SERVICES OF SOLANO COUNTY, et al., Defendants. 16 17 On September 12, 2017, the magistrate judge filed findings and recommendations herein 18 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. No objections were filed. The court has reviewed the applicable legal standards and, good cause appearing, 21 22 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 23 Accordingly, IT IS ORDERED that: 24 1. The proposed Findings and Recommendations filed September 12, 2017, are 25 ADOPTED; 2. Plaintiff’s motion to dismiss certain defendants, construed as a motion to amend the 26 27 complaint (ECF No. 44), is granted and defendants Crutison, Kiesz, and Moore are dismissed. 28 ///// 1 3. Defendants’ motion to dismiss the first amended complaint (ECF No. 35) is granted. 2 4. Plaintiff’s first amended complaint is dismissed with leave to amend, as provided 3 4 in the magistrate judge’s findings and recommendations. 5. Plaintiff is granted thirty days from the date of this order to file a second amended 5 complaint. Plaintiff is admonished that failure to timely file an amended complaint may result in 6 this action being dismissed. 7 8 IT IS SO ORDERED. Dated: September 28, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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