Avila v. McMahon et al

Filing 45

ORDER signed by District Judge John A. Mendez on 9/27/18 ADOPTING in full 39 FINDINGS AND RECOMMENDATIONS and GRANTING 4 Motion to Dismiss. Plaintiff is GRANTED leave to amend limited to claim(s) against the County. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ANTHONY AVILA,

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Plaintiff,

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No. 2:18-cv-00163 JAM AC

v.

ORDER

M.D. MCMAHON, et al.,

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Defendants.

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Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a

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United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On July 17, 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 twenty-one days. ECF No. 39. Neither

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party has filed objections to the findings and recommendations.
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:
1. The findings and recommendations filed July 17, 2018, are adopted in full;

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2. The County’s motion to dismiss (ECF No. 4) is granted, and plaintiff is granted leave
to amend. Leave to amend is limited to plaintiff’s claim(s) against the County.

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DATED: September 27, 2018

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/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATED DISTRICT COURT JUDGE

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Avil0163.801

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