Hardney v. Warren et al

Filing 173

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/22/24 ADOPTING in full 163 Findings and Recommendations and DENYING 154 plaintiff's motion for leave to amend. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

John Hardney,

12

No. 2:16-cv-00172-KJM-JDP (PC)
Plaintiff,

13

v.

14

R. Warren, et al.,

15

ORDER

Defendants.

16
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

17
18

under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

19

by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On July 31, 2023, the magistrate judge filed findings and recommendations, which were

21

served on all parties and which contained notice to all parties that any objections to the findings

22

and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the

23

findings and recommendations.

24

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

25

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

26

findings and recommendations to be supported by the record and by the proper analysis.

27

/////

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed July 31, 2023, are adopted in full;

3

2. Plaintiff’s motion for leave to amend, ECF No. 154, is denied; and

4

3. This matter is referred back to the assigned magistrate judge for all further pretrial

5

proceedings.

6

DATED: May 22, 2024.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2