Villacres v. California Department of Corrections et al

Filing 18

ORDER signed by District Judge John A. Mendez on 3/29/2017 ADOPTING IN FULL 15 Findings and Recommendations; DISMISSING WITHOUT LEAVE TO AMEND Claims 1-3 against Defendants Schafer, Touche, Voong, Labahn, Garner, Anderson, and Fasnatch; ORDERING the plaintiff to file an amended complaint with respect to Claim Four within thirty days. (Michel, G.)

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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 CHARLES D. VILLACRES, 12 13 14 15 No. 2:16-cv-0305 JAM AC P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 8, 2017, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. ECF No. 15. Plaintiff 23 has not filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed February 8, 2017 (ECF No. 15), are adopted 28 1 1 2 in full; 2. Plaintiff’s claim against defendants Schafer, Touche, Voong, Labahn, Garner, 3 Anderson, and Fasnatch related to the denial of compassionate release and parole, and his due 4 process claims for failure to respond to his grievance (Claim One through Three), are dismissed 5 without leave to amend. 6 3. Within thirty days of service of this order, plaintiff may file an amended complaint 7 with respect to Claim Four, as set forth in the February 8, 2017 findings and recommendations. 8 DATED: March 29, 2017 9 /s/ John A. Mendez_______________________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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