-GGH (PC) Walton v. Sing et al, No. 2:2010cv03167 - Document 30 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 12/8/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/17/11 28 are ADOPTED in full; Defendants' Motion to Dismiss 12 is GRANTED, as follows: All claims in the original complaint [1 are dismis sed. Plaintiff may file an amended complaint on those claims for which leave to amend was provided in the findings and recommendations, within 28 days. Failure to file an amended complaint will result in this action being dismissed. The USM should ce ase all efforts to serve defendant Morils, and the Court's 7/13/11, Order directing service on Morils, also referred to as Morales, is vacated. If plaintiff files an amended complaint with cognizable claims against Morils, the magistrate judge will order the United States Marshall to attempt service. (Mena-Sanchez, L)
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-GGH (PC) Walton v. Sing et al Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD WALTON, 11 12 13 14 Plaintiff, vs. V. SING, et al., Defendants. 15 16 No. CIV S-10-3167 JAM GGH P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 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. 19 On October 17, 2011, the magistrate judge filed findings and recommendations 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 fourteen days. Plaintiff 22 has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 17, 2011, are adopted in full; 3 4 5 and 2. Defendants’ motion to dismiss (Doc. 12) is granted, as follows: (1) All claims in the original complaint (Doc. 1) are dismissed. Plaintiff 6 may file an amended complaint on those claims for which leave to amend was provided in the 7 findings and recommendations, within 28 days. Failure to file an amended complaint will result 8 in this action being dismissed. 9 (2) The United States Marshall should cease all efforts to serve defendant 10 Morils, and the court’s July 13, 2011, Order directing service on Morils, also referred to as 11 Morales, is vacated. If plaintiff files an amended complaint with cognizable claims against 12 Morils, the magistrate judge will order the United States Marshall to attempt service. 13 DATED: December 8, 2011 14 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2