Cathy v. McCain et al

Filing 21

ORDER (1) Adopting 13 Report and Recommendation and (2) Granting 12 Plaintiff's Motion to Amend. This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the R&R in its entirety. Plaintiff's motion for leave to amend his First Amended Complaint is granted. Signed by Judge Dana M. Sabraw on 12/12/2016.(All non-registered users served via U.S. Mail Service)(aef)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHARLES RAY CATHY,

CASE NO. 16cv1256 DMS (WVG)

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S. MCCAIN, M. MCKINZIE,
SERGEANT CASTRO, G.
HERNANDEZ,

ORDER (1) ADOPTING REPORT
AND RECOMMENDATION AND
(2) GRANTING PLAINTIFF’S
MOTION TO AMEND

Defendants.

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Plaintiff,

v.

On May 25, 2016, Plaintiff Charles Ray Cathy (“Plaintiff”), a state prisoner

17 proceeding pro se, filed a Complaint Under the Civil Rights Act 42 U.S.C. § 1983.
18 Plaintiff alleges his constitutional rights were violated while he was housed at Calipatria
19 State Prison.
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On June 28, 2016, the Court dismissed Plaintiff’s Complaint pursuant to 28

21 U.S.C. § 1915A(b), and gave him forty-five days to file a First Amended Complaint.
22 Plaintiff filed his First Amended Complaint on August 8, 2016, and on August 12,
23 2016, the Court issued an order directing the U.S. Marshal to serve the First Amended
24 Complaint upon Defendants.
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Subsequent to that order but before service had been effected, Plaintiff filed the

26 present motion requesting leave to correct his First Amended Complaint. This Court,
27 Magistrate Judge William V. Gallo presiding, construed that motion as a motion for
28 leave to amend the First Amended Complaint. On September 29, 2016, Judge Gallo
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16cv1256

1 issued a Report and Recommendation (“R&R”), recommending that the Court grant
2 Plaintiff’s motion. No party has filed objections to the R&R, and the time for doing so
3 has expired.
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This Court, having reviewed de novo the Magistrate Judge’s R&R, adopts the

5 R&R in its entirety. Plaintiff’s motion for leave to amend his First Amended Complaint
6 is granted.
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IT IS SO ORDERED.

8 DATED: December 12, 2016
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HON. DANA M. SABRAW
United States District Judge

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16cv1256