(PC) Hanson v. Ferrara et al
Filing
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ORDER signed by Senior Judge William B. Shubb on 2/16/2021 ADOPTING in FULL 34 Findings and Recommendations. GRANTING 26 Motion to Dismiss. Plaintiff's complaint is DISMISSED with leave to amend, and Plaintiff shall file a first amended complaint within 30 days of the date of this order.(Reader, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT DAVID HANSON,
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No. 2:19-CV-1373-WBS-DMC
Plaintiff,
v.
ORDER
THOMAS A. FERRARA, et al.,
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Defendants.
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Plaintiff, who is proceeding pro se, brings this civil 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 January 7, 2021, the Magistrate Judge filed findings and recommendations
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herein which were served on the parties and which contained notice that the parties may file
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objections within the time specified therein. On January 25, 2021, plaintiff filed an untimely
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opposition to defendants’ motion to dismiss, which the court will construe as objections to the
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findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304(f), this Court has conducted a de novo review of this case. Having carefully reviewed the
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entire file, the Court finds the findings and recommendations to be supported by the record and by
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations filed January 7, 2021, are adopted in
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Defendants’ motion to dismiss, ECF No. 26, is granted;
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Plaintiff’s complaint is dismissed with leave to amend; and
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4.
Plaintiff shall file a first amended complaint within 30 days of the date of
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full;
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this order.
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Dated: February 16, 2021
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