(PC) Fisher v. Adair, No. 1:2011cv00609 - Document 38 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING 35 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims, with Prejudice, signed by District Judge Anthony W. Ishii on 11/16/2012. Amended Complaint due by 12/26/2012.(Flores, E)
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(PC) Fisher v. Adair Doc. 38 UNITED STATES DISTRICT COURT 1 EASTERN DISTRICT OF CALIFORNIA 2 3 HILTON FISHER, 4 Plaintiff, 5 6 CASE NO. 1:11-cv-00609-AWI-BAM PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS, WITH PREJUDICE v. S. ADAIR, (ECF Nos. 35, 36) 7 Defendant. THIRTY-DAY DEADLINE / 8 9 Plaintiff Hilton Fisher (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 10 in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 11 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 12 On May 9, 2012, the Magistrate Judge filed a Findings and Recommendations herein which 13 was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and 14 Recommendations was to be filed within thirty days. On June 5, 2012, Plaintiff filed Objections.. 15 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 16 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 17 and Recommendations to be supported by the record and by proper analysis. 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. The Findings and Recommendations, filed May 9, 2012, is adopted in full; 20 2. Plaintiff’s Eighth Amendment and due process claims are dismissed, with prejudice, 21 for failure to state a claim; 22 3. 23 Within thirty (30) days from the date of service of this order, Plaintiff shall file an amended complaint with respect to Plaintiff’s equal protection claim only; and 24 4. 25 If Plaintiff fails to file an amended complaint in compliance with this order, this action will be dismissed, with prejudice, for failure to state a claim. 26 27 IT IS SO ORDERED. 28 Dated: 0m8i78 November 16, 2012 UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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