(PC) Knanishu v. McGinness et al, No. 2:2010cv00005 - Document 42 (E.D. Cal. 2010)

Court Description: ORDER adopting in full 34 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 9/22/10. Dfts' 25 motion to dismiss is GRANTED in PART and DENIED in PART. Pltf's complaint against dfts McGinness, Brelji and the Sacramento County Sheriff's Dept is DISMISSED. Pltf's complaint against dft Jacoby is DISMISSED with LEAVE to amend. Pltf is GRANTED 30 days to file an amended complaint against dft Jacoby. (Kastilahn, A)
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(PC) Knanishu v. McGinness et al Doc. 42 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH KNANISHU, Plaintiff, 11 vs. 12 13 14 No. 2:10-cv-0005 JAM JFM (PC) SACRAMENTO SHERIFF’S DEPT., et al., Defendants. ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 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. On August 25, 2010, the magistrate judge filed findings and recommendations 19 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 25, 2010 are adopted in full; 2 2. Defendants’ July 2, 2010 motion to dismiss is granted in part and denied in 3 4 5 6 part; a. Plaintiff’s complaint against defendants McGinness, Brelji and the Sacramento County Sheriff’s Department is dismissed; and b. Plaintiff’s complaint against defendant Jacoby is dismissed with leave 7 to amend. Plaintiff is granted thirty days to file an amended complaint against defendant Jacoby 8 that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil 9 Procedure, and the Local Rules of Practice; the amended complaint must bear the docket number 10 assigned this case and must be labeled “Amended Complaint”. Plaintiff must file an original and 11 two copies of the amended complaint. Failure to file an amended complaint in accordance with 12 this order will result in dismissal of this action. 13 DATED: September 22, 2010. 14 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2