(PC) Dennis v. Kerman et al, No. 2:2016cv00542 - Document 46 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 4/16/19 ADOPTING 43 Findings and Recommendations in full; DISMISSING Defendant J. Clark Kelso from this action with prejudice; DENYING 44 Motion for Preliminary Injunction without prejudice; and REFERRING this action back to the magistrate judge for purposes of screening plaintiff's 3rd Amended Complaint pursuant to 28 U.S.C. § 1915A. (Coll, A)
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(PC) Dennis v. Kerman et al Doc. 46 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW DENNIS, 12 13 14 No. 2:16-cv-0542 JAM AC P Plaintiff, v. ORDER SCOTT KERNAN, 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 February 26, 2019, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. ECF No. 43. Plaintiff 23 has not filed objections to the findings and recommendations (but did respond to the findings and 24 recommendations by timely filing a Third Amended Complaint). 25 The court has reviewed the file and finds the findings and recommendations to be 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 1. The findings and recommendations filed February 26, 2019, are adopted in full; 1 Dockets.Justia.com 1 2. Defendant J. Clark Kelso is dismissed from this action with prejudice; 2 3. Plaintiff’s recent motion for preliminary injunctive relief, ECF No. 44, is denied 3 without prejudice;1 and 4 4. This action is referred back to the magistrate judge for purposes of screening plaintiff’s 5 Third Amended Complaint pursuant to 28 U.S.C. § 1915A. 6 DATED: April 16, 2019 7 /s/ John A. Mendez____________ 8 _____ UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Accord ECF No. 43 at 20 (denying as premature plaintiff’s prior motions for preliminary injunctive relief and for judgment on the pleadings, on the ground that this action has lacked an operative complaint containing cognizable claims). 2
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