Adams v. People of the State of California

Filing 18

ORDER signed by District Judge Troy L. Nunley on 3/31/2017 ADOPTING 16 Findings and Recommendations in full, except as provided in this order. The complaint is DISMISSED for failure to state a claim. All pending motions are DENIED as moot. Plaintiff shall file an amended complaint within 60 days. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CURTIS EARNEST ADAMS,

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No. 2:16-CV-0569-TLN-CMK P

Plaintiff,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C.

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§ 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District

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of California local rules.

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On February 3, 2017, the Magistrate Judge filed findings and recommendations herein,

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which were served on the parties and which contained notice that the parties may file objections

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within a specified time. Plaintiff filed a “Motion to Reconsider Liberally Construe Pleadings.”

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(ECF No. 17.) The Court construes this filing as objections to the findings and recommendations.

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These objections were timely filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), 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 that the finding and recommendations to be supported by the record and by proper
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analysis to the extent they conclude Plaintiff has failed to state a claim under 42 U.S.C. § 1983.
The Magistrate Judge further concluded it did not appear possible that the deficiencies

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identified in the findings and recommendations can be cured by amending the complaint.

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However, Plaintiff’s objections identify the persons he intends to name as defendants if given the

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opportunity amend and suggest he might be able to cure these deficiencies. Therefore, the Court

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grants Plaintiff leave to file an amended complaint. Lopez v. Smith, 203 F.3d 1122, 1126, 1130–

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31 (9th Cir. 2000) (en banc).

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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations filed February 3, 2017, are adopted in full,

except as provided in this Order;

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The complaint is dismissed for failure to state a claim;

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3.

All pending motions (ECF Nos. 10 and 17) are denied as moot; and

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4.

Plaintiff shall file an amended complaint within 60 days.

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Dated: March 31, 2017

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Troy L. Nunley
United States District Judge

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