(PC) Shepard v. Quillen, No. 1:2009cv00809 - Document 25 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 9/15/2010. The Court HEREBY ORDERS that Defendant's 13 Motion to Dismiss is GRANTED; Plaintiff's retaliation claim against Defendant Quillen is DISMISSED, with leave to amend; and this action shall proceed on Plaintiff's August 12, 2010 first amended complaint. The Clerk's Office is DIRECTED to file the lodged August 12, 2010 first amended complaint.(Bradley, A)
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(PC) Shepard v. Quillen Doc. 25 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAMONT SHEPARD, 10 CASE NO. 1:09-cv-00809-LJO-SKO PC Plaintiff, 11 ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. (Doc. 23) 12 T. QUILLEN, et al., 13 Defendants. / 14 15 Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On August 2, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Defendant T. Quillen’s motion to dismiss be granted and Plaintiff’s retaliation 20 claim against Quillen be dismissed for failing to state a claim. (Doc. #23.) The Findings and 21 Recommendations also recommended that Plaintiff be given leave to amend his complaint. 22 Although the Findings and Recommendations had not yet been adopted, Plaintiff submitted a first 23 amended complaint on August 12, 2010 that was lodged by the Clerk’s Office. (Doc. #24.) 24 The Findings and Recommendations were served on all parties and contained notice that any 25 objections to the Findings and Recommendations were to be filed within thirty (30) days of the date 26 on which the Findings and Recommendations were served. Neither party has filed objections to the 27 Findings and Recommendations. 28 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 2 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 3 finds the Findings and Recommendations to be supported by the record and by proper analysis. 4 Accordingly, the Court HEREBY ORDERS that: 5 1. The August 2, 2010 Findings and Recommendations are ADOPTED in full; 6 2. Defendant’s motion to dismiss is GRANTED; 7 3. Plaintiff’s retaliation claim against Defendant Quillen is DISMISSED, with leave to 8 amend; and 9 3. This action shall proceed on Plaintiff’s August 12, 2010 first amended complaint. 10 The Clerk’s Office is directed to file the lodged August 12, 2010 first amended 11 complaint. 12 IT IS SO ORDERED. 13 Dated: b9ed48 September 15, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2