-SMS (PC) Arenas v. Enanmoh, No. 1:2008cv01351 - Document 73 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 71 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Motion for Judgment on the Pleadings; ORDER DISMISSING CASE WITH LEAVE TO AMEND, signed by District Judge Lawrence J. O'Neill on 10/13/2011. (First Amended Complaint - 30 Day Deadline)(Martin-Gill, S)

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-SMS (PC) Arenas v. Enanmoh Doc. 73 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MANUEL ARENAS, 10 CASE NO. 1:08-cv-01351-LJO-SMS PC Plaintiff, 11 v. 12 DR. ENANMOH, 13 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS, DISMISSING COMPLAINT AND GRANTING LEAVE TO FILE AMENDED COMPLAINT Defendant. (ECF No. 71) 14 / THIRTY-DAY DEADLINE 15 16 Plaintiff Manuel Arenas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 15, 2011, the Magistrate Judge filed a Findings and Recommendations herein 20 which was served on the parties and which contained notice to the parties that any objections to the 21 Findings and Recommendations were to be filed within thirty days. The parties have not filed timely 22 objections to the Findings and Recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 25 and Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations, filed August 15, 2011, is adopted in full; 28 2. Defendant Enanmoh’s Motion for Judgment on the Pleadings, filed November 22, 1 Dockets.Justia.com 1 2010, is DENIED; 2 3. 3 for failure to state a claim; 4 4. 5 Within thirty days from the date of service of this order Plaintiff shall file a First Amended Complaint; and 6 5. 7 If Plaintiff fails to comply with this order, this action will be dismissed for failure to obey a court order. 8 9 Plaintiff’s Complaint, filed September 11, 2008, is dismissed, with leave to amend, IT IS SO ORDERED. Dated: b9ed48 October 13, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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