(PS) Richardson v. Benicia Police Department, No. 2:2012cv01931 - Document 31 (E.D. Cal. 2013)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 11/1/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/8/13 24 are ADOPTED in full; Defendant's 6/12/13 MOTION TO DISMISS 20 is GRANTED in part; Plaintiff's complaint is DISMISSED; and Plaintiff is GRANTED thirty days from the date of this order to file and serve an amended complaint.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY C. RICHARDSON, 12 13 14 No. 2:12-cv-1931 GEB AC PS Plaintiff, v. ORDER BENICIA POLICE DEPARTMENT, 15 Defendant. 16 17 18 19 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). On October 8, 2013, the magistrate judge filed findings and recommendations herein 20 which were served on the parties and which contained notice to the parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. No objections to the 22 findings and recommendations have been filed. 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. The findings and recommendations filed October 8, 2013, are adopted in full; 27 2. Defendant’s June 12, 2013 motion to dismiss (ECF No. 20) is granted in part; 28 3. Plaintiff’s complaint is dismissed; and 1 1 4. Plaintiff is granted thirty days from the date of this order to file and serve an amended 2 complaint. 3 Dated: November 1, 2013 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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