(PC) Millare v. Murphy et al

Filing 26

ORDER signed by Senior Judge William B. Shubb on 2/16/2021 ADOPTING 25 Findings and Recommendations in full; DISMISSING plaintiff's Eighth Amendment, Fourteenth Amendment, and ADA claims without leave to amend; DISMISSING plaintiff's First Amended retaliation claims with leave to amend; GRANTING plaintiff 30 days from the date of this order to file an Amended Complaint; and DENYING AS MOOT 22 Motion to Dismiss. (Coll, A)

Case 2:20-cv-00451-WBS-JDP Document 26 Filed 02/17/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORIANO MILLARE,

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No. 2:20-cv-00451-WBS-JDP (PC)

Plaintiff,
v.

ORDER

C. JACKSON, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 15, 2021, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.

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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:

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1. The findings and recommendations filed January 15, 2021, are adopted in full;

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2. Plaintiff’s Eighth Amendment, Fourteenth Amendment, and ADA claims are dismissed
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Case 2:20-cv-00451-WBS-JDP Document 26 Filed 02/17/21 Page 2 of 2
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without leave to amend;

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3. Plaintiff’s First Amendment retaliation claims is dismissed with leave to amend;

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4. Plaintiff is granted thirty days from the date of this order in which to file an amended

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complaint; and
5. Defendants’ motion to dismiss, ECF No. 22, is denied as moot.
Dated: February 16, 2021

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