(PC) Williams v. Malfi, et al., No. 2:2008cv01737 - Document 52 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 3/31/2010 ORDERING that the 50 Findings and Recommendations are adopted. Dfts' 20 motion to dismiss is GRANTED. Dfts Kelly, Malfi, Carroll and Grannis terminated. Pltf's 22 Motion for Preliminary Injunction is DENIED. Pltf is GRANTED 20 days to file an amended complaint. (Engbretson, K.)

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(PC) Williams v. Malfi, et al. Doc. 52 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WESLEY WILLIAMS, No. CIV S-08-1737-WBS-CMK-P Plaintiff, 12 13 vs. ORDER 14 A.J. MALFI, et al., Defendants. 15 / 16 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. 20 On March 4, 2010, the Magistrate Judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. Plaintiff filed untimely objections, which the court has 23 nevertheless considered, on March 4, 2010. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the Magistrate Judge's analysis. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 4, 2010, are adopted; 3 2. Defendants’ motion to dismiss the complaint as against defendants 4 Grannis, Kelly, Carroll, and Malfi (Doc. 20) is granted; 5 3. Plaintiff’s motion for injunctive relief (Doc. 22) is denied; and 6 4. Plaintiff is granted 20 days from the date of this Order to file an amended 7 complaint consistent with this order. 8 DATED: March 31, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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