(PC)Ellis v. Reddy, No. 2:2012cv01691 - Document 27 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 9/20/13 GRANTING 12 Motion to Dismiss with leave to amend. (Manzer, C)
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(PC)Ellis v. Reddy Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT ELLIS, 11 Plaintiff, Defendant. 12 13 No. CIV. 12-1691-JAM-KJN-P ORDER vs. REDDY, 14 15 / 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 May 7, 2013, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. Neither party has filed 22 objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 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 2 1. The findings and recommendations filed May 7, 2013 (ECF No. 23), are adopted in full. 3 2. Defendant’s motion to dismiss (ECF No. 12), is granted without prejudice to 4 plaintiff filing an amended complaint.1 5 DATED: September 20, 2013 6 /s/ John A. Mendez 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 Plaintiff has now filed an Amended Complaint (ECF No. 24), which shall be reviewed by the magistrate judge. 2