Singleton, Sr. v. Eli Lilly, Co., No. 1:2010cv02019 - Document 19 (E.D. Cal. 2012)

Court Description: ORDER Adopting 18 Findings and Recommendations that Plaintiff's Complaint be Dismissed, signed by Chief Judge Anthony W. Ishii on 7/24/12. CASE CLOSED. (Gonzalez, R)

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Singleton, Sr. v. Eli Lilly, Co. Doc. 19 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAMAR SINGLETON, SR., CASE NO. 1:10-cv-02019-AWI-SKO 10 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF'S COMPLAINT BE DISMISSED Plaintiff, 11 12 v. 13 (Doc. No. 18) ELI LILLY, CO., 14 15 Defendants. / 16 17 On June 5, 2012, the Magistrate Judge issued Findings and Recommendations that Plaintiff's 18 complaint be dismissed with prejudice. (Doc. 18.) These Findings and Recommendations were 19 served on all parties appearing in the action and contained notice that any objections were to be filed 20 within twenty-eight (28) days after service of the order. No objections were filed. 21 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 22 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 23 Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. 24 The court will dismiss all claims against Defendant Eli Lilly with prejudice. Further, it appears that 25 Plaintiff may be attempting to add Sherri Lopez as a defendant (Lopez is mentioned for the first time 26 in the second amended complaint, but she is not listed in the caption of the complaint or in the 27 section of the complaint that lists the names of the defendants). Although Rule of Civil Procedure 28 20 permits a plaintiff to join multiple defendants in a single cause of action, Rule 20's criteria has Dockets.Justia.com 1 not been met in this case. See Fed. R. Civ. Pro. 20(a)(2). Accordingly, to the extent that Plaintiff 2 is attempting to allege claims against Sherri Lopez in this case, the court will dismiss Lopez without 3 prejudice, but without leave to amend. Plaintiff may file a separate cause of action against Sherri 4 Lopez.1 5 6 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations issued June 5, 2012, are ADOPTED IN FULL; 9 2. Plaintiff's claims against Defendant Eli Lilly are DISMISSED with prejudice and 10 11 without leave to amend; 3. 12 13 14 Plaintiff’s claims against Sherri Lopez are DISMISSED without prejudice, but without leave to amend in this court; and 4. This Clerk shall CLOSE this case. IT IS SO ORDERED. 15 16 Dated: 0m8i78 July 24, 2012 CHIEF UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 1 28 The Court is not making any determinations regarding the validity of any claims that Plaintiff may have against Sherri Lopez. 2

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