(PC) Hanson v. Ferrara et al

Filing 37

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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3.

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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