-EFB (PC) Blamey v. Allen et al, No. 2:2010cv03470 - Document 54 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 12/5/11 ADOPTING in full 41 FINDINGS AND RECOMMENDATIONS; GRANTING 32 Motion to Dismiss ; Plaintiff is GRANTED 30 days in which to file an amended complaint curing the deficiencies identified in the magistrate judge's 10/6/11 findings and recommendations. (Meuleman, A) Modified on 12/6/2011 (Meuleman, A).
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-EFB (PC) Blamey v. Allen et al Doc. 54 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD D. BLAMEY, 11 Plaintiff, 12 vs. 13 No. CIV S-10-3470 GEB EFB P A. ALLEN, et al., 14 Defendants. 15 ORDER / 16 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 6, 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 from the 22 date the findings and recommendations were served. Plaintiff has filed objections to the findings 23 and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 26 //// 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 6, 2011, are adopted in full; 5 2. Defendant Allen’s motion to dismiss is granted; 6 3. Plaintiff is granted thirty days in which to file an amended complaint curing the 7 deficiencies identified in the magistrate judge’s October 6, 2011 findings and recommendations. 8 So ordered. 9 Dated: December 5, 2011 10 11 12 GARLAND E. BURRELL, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2