(PC) Ahmed v. Martel, et al., No. 1:2013cv00941 - Document 33 (E.D. Cal. 2015)

Court Description: ORDER adopting Findings and Recommendations to grant 17 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 10/22/2015. (Amended Complaint due by 11/24/2015). (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SAIYEZ AHMED, Plaintiff, 11 12 13 14 v. M. MARTEL, et al., Defendants. Case No. 1:13-cv-00941-LJO-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANTS’ MOTION TO DISMISS (ECF No. 17) AMENDED COMPLAINT DUE WITHIN THIRTY (30) DAYS 15 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought 17 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States 19 District Court for the Eastern District of California. 20 On August 26, 2015, the Magistrate Judge issued revised Findings and 21 Recommendations recommending that Defendants’ motion to dismiss be granted. (ECF 22 No. 29.) Defendants have filed objections. (ECF No. 30.) Plaintiff was granted leave to 23 file objections on or before October 21, 2015. That deadline has passed, and Plaintiff 24 has not filed his objections. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has 26 conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the revised findings and recommendations to be supported by the record 28 and by proper analysis. 1 Accordingly, it is HEREBY ORDERED that: 1. The Court adopts the revised findings and recommendations, filed on 2 August 26, 2015 (ECF No. 29), in full; 3 4 2. Defendants’ motion to dismiss (ECF No. 17) is GRANTED; 5 3. Plaintiff shall file an amended complaint within thirty (30) days from the date of this order. 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill October 22, 2015 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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