Hicks, et al. v. County of Stanislaus, et al., No. 1:2017cv01187 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 16 Findings and Recommendations and DISMISSING First Amended Complaint; Plaintiff shall file a Second Amended Complaint which properly identifies Defendant Gallo within thirty days from the date of entry of this order, signed by Chief Judge Lawrence J. O'Neill on 01/30/18. (Second Amended Complaint due: 30-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ATHAN HICKS, et al., Plaintiffs, 12 13 14 15 Case No. 1:17-cv-01187-LJO-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING FIRST AMENDED COMPLAINT v. COUNTY OF STANISLAUS, et al., (ECF Nos. 9, 13, 14, 16) Defendants. THIRTY DAY DEADLINE 16 17 Plaintiffs Athan Hicks and Kirk Robbins (“Plaintiffs”) filed a civil rights complaint in 18 this action pursuant to 42 U.S.C. § 1983 on September 4, 2017. Defendants filed a motion to 19 dismiss on December 8, 2017, which was referred to a United States magistrate judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. (ECF Nos. 9, 10) 21 On January 10, 2018, the magistrate judge filed a findings and recommendations 22 recommending granting the motion to dismiss. (ECF No. 16.) The findings and 23 recommendations was served on the parties and contained notice that any objections were to be 24 filed within fourteen days (14) days from the date of service. The period for filing objections has 25 passed and no objections have been filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 27 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 28 findings and recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed January 10, 2018, is ADOPTED IN FULL; 3 4 2. Plaintiffs’ first amended complaint filed October 12, 2017 is DISMISSED; 5 3. Plaintiffs shall file a second amended complaint which properly identifies Defendant Gallo within thirty days from the date of entry of this order; and 6 7 4. If Plaintiffs fail to file a second amended complaint in compliance with this order this action shall be dismissed for failure to state a claim. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 30, 2018 UNITED STATES CHIEF DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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