(PC) Richardson v. Candelaria, et al, No. 1:2004cv05009 - Document 18 (E.D. Cal. 2005)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS granting motions to dismiss by defendants Candelaria and Guzzerd with leave to amend signed by Judge Oliver W. Wanger on 9/28/2005. Any amended complaint will be filed within 26 days.(Lucas, G)

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(PC) Richardson v. Candelaria, et al Doc. 18 Case 1:04-cv-05009-OWW-DLB Document 18 Filed 09/28/2005 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN WESLEY RICHARDSON, 10 Plaintiff, 11 12 v. R.L. CANDELARIA, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) 1:04-cv-5009 OWW DLB P ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE: DEFENDANTS’ MOTION TO DISMISS 15 16 This matter is before the Court on the Findings and 17 Recommendations of the Magistrate Judge recommending that the 18 motion to dismiss of Defendants Candelaria, Guzzerd and Shannon 19 be granted. 20 the motion pursuant to 28 U.S.C. § 636(b). 21 has properly analyzed applicable law and fully advised the 22 Plaintiff as to what is required to allege supervisor liability. 23 24 ADOPTED. The Complaint shall be dismissed as to Defendants Candelaria and Guzzerd for failure to state, with leave to amend. 27 28 The Magistrate Judge The Findings and Recommendations of the Magistrate Judge are 25 26 The Court has conducted an independent analysis of Any amended complaint shall be filed within twenty-six (26) /// 1 Dockets.Justia.com Case 1:04-cv-05009-OWW-DLB 1 Document 18 Filed 09/28/2005 Page 2 of 2 days following the date of service by the Clerk of this Order. 2 3 SO ORDERED. 4 5 DATED: September __28__, 2005. 6 /s/ OLIVER W. WANGER _____________________________ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 7 8 9 richardson v. candelaria order 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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