Brooks v. Lee et al

Filing 55

ORDER signed by Senior Judge William B. Shubb on 4/1/2021 ADOPTING 54 The Findings and Recommendations in full; GRANTING IN PART 38 Defendant S. Lee's Motion to Dismiss, and all claims against him are DISMISSED; Defendant S. Lees Motion is DENIED in all other respects; and Plaintiff is GRANTED sixty days from the date of this order to file an amended complaint. (Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY BROOKS, 12 13 14 No. 2:18-cv-0374 WBS JDP (PC) Plaintiff, v. ORDER S. LEE, 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 February 18, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed February 18, 2021, are adopted in full; 28 2. Defendant S. Lee’s motion to dismiss, ECF No. 38, is granted in part, and all claims 1 1 against him are dismissed; 2 3. Defendant S. Lee’s motion is denied in all other respects; and 3 4. Plaintiff is granted sixty days from the date of this order to file an amended complaint. 4 5 Dated: April 1, 2021 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?