(PC) Lavery v. Dhillon, No. 2:2013cv02083 - Document 170 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 156 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge Morrison C. England, Jr on 6/13/2018 DENYING Plaintiff's 151 Motion to Amend; DISMISSING with prejudice Defendant John Doe. The case is to proceed on Plaintiff's Eighth Amendment claim against defendant Dhillon only. (Fabillaran, J)
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(PC) Lavery v. Dhillon Doc. 170 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH LAVERY, 12 13 14 No. 2:13-cv-2083 MCE AC P Plaintiff, v. ORDER B. DHILLON et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 22, 2018, the magistrate judge issued findings and recommendations herein 21 (ECF No. 156) which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within fourteen days. Neither 23 party has filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations issued March 22, 2018 (ECF No. 156), are ADOPTED IN FULL; 1 Dockets.Justia.com 1 2. Plaintiff’s motion to amend (ECF No. 151), is DENIED; 2 3. Defendant John Doe is DISMISSED with prejudice, and 3 4. The case is to proceed on plaintiff’s Eight Amendment claim against defendant Dhillon 4 5 6 only. IT IS SO ORDERED. Dated: June 13, 2018 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2