(PC) Millare v. Murphy et al

Filing 20

ORDER signed by Senior Judge William B. Shubb on 11/18/2020 ADOPTING 18 Findings and Recommendations in full, GRANTING 14 Motion to Dismiss, DISMISSING Plaintiff's claims without prejudice, and GRANTING Plaintiff 30 days from the date of this order to file an amended complaint. (Huang, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORIANO MILLARE, 12 Plaintiff, 13 14 No. 2:20-cv-451-WBS-JDP (PC) v. ORDER C. JACKSON, et al., 15 Defendants. 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. On October 9, 2020, the magistrate judge filed findings and recommendations herein 20 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. Plaintiff has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 9, 2020, are adopted in full; and 3 2. Defendants’ motion to dismiss (ECF No. 14) is granted; 4 3. Plaintiff’s claims are dismissed without prejudiced; and 5 4. Plaintiff is granted 30 days from the date of this order to file an amended complaint. 6 Dated: November 18, 2020 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?