Davis v. Johnson et al

Filing 28

ORDER signed by District Judge John A. Mendez on 6/5/18 ADOPTING 20 FINDINGS AND RECOMMENDATIONS: Any Fourteenth Amendment claim identified by plaintiff in his complaint is dismissed. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS DAVIS,

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Plaintiff,

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No. 2:17-cv-0544 JAM CKD P

v.

ORDER

B. JOHNSON, 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.
On April 18, 2018, the magistrate judge filed findings and recommendations herein which

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

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

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objections to the findings and recommendations.1

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In his objections, plaintiff asks that if the court were to adopt the pending findings and
representations, plaintiff be granted leave to file an amended complaint. Plaintiff is free to submit
a motion for leave to amend which would be considered by the magistrate judge. If plaintiff does
file a motion for leave to amend, he must also submit a proposed amended complaint so that the
amended complaint may be screened pursuant to 28 U.S.C. § 1915A(a).
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 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 the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 18, 2018, are adopted in full; and

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2. Any Fourteenth Amendment claim identified by plaintiff in his complaint is dismissed.

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DATED: June 5, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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