(PC) O'Neal v. Amah et al, No. 2:2014cv01597 - Document 24 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 21 FINDINGS and RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 08/04/15 and ORDERING that the 15 Motion to Dismiss is GRANTED with prejudice as to plaintiff's claim under RLUIPA and is DENIED to all other respects; plaintiff's 22 Motion for Extension of time is DENIED AS MOOT; plaintiff is GRANTED 30 days to file an amended complaint. (Benson, A)

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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 GLENN DAVID O’NEAL, 12 Plaintiff, 13 14 v. No. 2:14-cv-1597 GEB KJN P ORDER CHAPLAIN AMAH, 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 June 17, 2015, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 the findings and recommendations. 24 On July 17, 2015, plaintiff filed a request for extension of time in which to file an 25 amended complaint. Plaintiff acknowledged receipt of the findings and recommendations, but 26 did not request an extension of time to file objections. Because plaintiff is not required to file an 27 amended complaint until thirty days after the entry of the instant order, plaintiff’s request is 28 denied as moot. 1 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 17, 2015, are adopted in full; 5 2. Defendants’ motion to dismiss (ECF No. 15) is granted, as follows: 6 a. Plaintiff’s claim under RLUIPA is dismissed with prejudice; and 7 b. In all other respects, defendants’ motion to dismiss is denied; and 8 3. Plaintiff is granted thirty days from the date of this order. Plaintiff’s amended 9 complaint shall comply with the requirements of the Civil Rights Act, the Federal Rules of Civil 10 Procedure, and the Local Rules of Practice. The amended complaint must also bear the docket 11 number assigned to this case and must be labeled “Amended Complaint.” 12 13 4. Plaintiff’s motion for extension of time (ECF No. 22) is denied as moot. Dated: August 4, 2015 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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