Dennis v. Kerman et al
Filing
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ORDER signed by District Judge John A. Mendez on 4/16/19 ADOPTING 43 Findings and Recommendations in full; DISMISSING Defendant J. Clark Kelso from this action with prejudice; DENYING 44 Motion for Preliminary Injunction without prejudice; and REFERRING this action back to the magistrate judge for purposes of screening plaintiff's 3rd Amended Complaint pursuant to 28 U.S.C. § 1915A. (Coll, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MATTHEW DENNIS,
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No. 2:16-cv-0542 JAM AC P
Plaintiff,
v.
ORDER
SCOTT KERNAN, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On February 26, 2019, the magistrate judge filed findings and recommendations herein
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which were served on plaintiff and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within twenty-one days. ECF No. 43. Plaintiff
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has not filed objections to the findings and recommendations (but did respond to the findings and
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recommendations by timely filing a Third Amended Complaint).
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed February 26, 2019, are adopted in full;
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2. Defendant J. Clark Kelso is dismissed from this action with prejudice;
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3. Plaintiff’s recent motion for preliminary injunctive relief, ECF No. 44, is denied
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without prejudice;1 and
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4. This action is referred back to the magistrate judge for purposes of screening plaintiff’s
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Third Amended Complaint pursuant to 28 U.S.C. § 1915A.
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DATED: April 16, 2019
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/s/ John A. Mendez____________
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_____
UNITED STATES DISTRICT COURT JUDGE
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Accord ECF No. 43 at 20 (denying as premature plaintiff’s prior motions for preliminary
injunctive relief and for judgment on the pleadings, on the ground that this action has lacked an
operative complaint containing cognizable claims).
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