Ramey v. Franco et al

Filing 27

ORDER ADOPTING 22 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 08/03/14 ORDERING that the claims against defendants Franco, Leckie, Shultz, Caplin, Peterson, Bagler, and Cohayal are DISMISSED without leave to amend and without prejudice to re-filing in a separate action. (Benson, A.)

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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 JOHNNEY RAMEY, 12 13 14 No. 2:16-cv-2107 JAM CKD P Plaintiff, v. ORDER J. FRANCO, et al., 15 Defendant. 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 June 8, 2017, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 22.) Plaintiff has filed a 23 motion to reinstate defendants which the court construes as objections to the findings and 24 recommendations. (ECF No. 26.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 8, 2017 (ECF No. 22), are adopted in 3 full; 4 2. The claims against defendants Franco, Leckie, Shultz, Caplin, Peterson, Bagler, and 5 Cohayal are dismissed without leave to amend and without prejudice to re-filing in a separate 6 action. 7 DATED: August 3, 2017 8 John A. Mendez_______________ __________ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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