(PC) Passer v. Steevers et al, No. 2:2008cv02792 - Document 33 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 9/13/10 ORDERING that the 32 Findings and Recommendations are ADOPTED in full; deft's 16 Motion to Dismiss is DENIED ; pltf's 22 Motion to File Second Amended Complaint is GRANTED in part. Pltf's proposed amended complaint is disregarded and pltf is granted 30 days to file a Second Amended Complaint. Should pltf fail to file an amended complaint, the curently operative 7 Amended Complaint shall remain in effect. (Owen, K)
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(PC) Passer v. Steevers et al Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY PASSER, 12 13 14 15 No. 2:08-cv-02792-MCE-KJN P Plaintiff, vs. ORDER DR. STEEVERS, et al., Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 10, 2010, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. Neither party has 23 filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 10, 2010, are adopted in full; 2 2. Defendants’ motion to dismiss (Dkt. No. 16) plaintiff’s amended complaint is denied; 3 3. Plaintiff’s motion to filed a Second Amended Complaint (Dkt. No. 22) is granted in 4 5 part; however, his proposed amended complaint attached thereto is disregarded; and 4. Plaintiff may, within thirty days after service of this order, file a Second Amended 6 Complaint that conforms to the standards set forth in the court’s order filed December 11, 2008 7 (Dkt. No. 4); should plaintiff fail to timely file such Second Amended Complaint, the currently 8 operative amended complaint (Dkt. No. 7) shall remain in effect. 9 Dated: September 13, 2010 10 11 12 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2