-EFB (PC) Brignac v. Tilton, No. 2:2009cv01614 - Document 18 (E.D. Cal. 2011)
Court Description: ORDER adopting in full 16 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 9/14/11. Defendant's 12 motion to dismiss is granted. Plaintiff is GRANTED leave to file an amended complaint and his first amended complaint is deemed properly filed. (Kastilahn, A)
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-EFB (PC) Brignac v. Tilton Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARON LAMAR BRIGNAC, 12 13 14 15 Plaintiff, vs. JAMES TILTON, et al., ORDER Defendants. 16 17 No. 2:09-cv-01614 MCE EFB P / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 21, 2011, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within fourteen days. Neither 23 party has 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 June 21, 2011, are adopted in full; 2 2. Defendant’s motion to dismiss is granted; and 3 3. Plaintiff is granted leave to file an amended complaint and his first amended 4 complaint is deemed properly filed. 5 Dated: September 14, 2011 6 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 7 8 9 / 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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