(PS) Gifford v. Hornbrook Fire Protection District et al, No. 2:2016cv00596 - Document 44 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 12/18/2019 ADOPTING in full the findings and recommendations filed 10/1/2019; GRANTING IN PART AND DENYING IN PART Defendants' motion for judgment on the pleadings (ECF No. 31 ); DISMISSING wit h leave to amend Plaintiff's first amended complaint;DENYING as moot Plaintiff's motion to strike defendants' answer to the first amended complaint (ECF No. 30 ) and without prejudice to challenging defendants' answer to any second amended complaint; and Plaintiff shall file a second amended complaint within 30 days of the date of this order. (Becknal, R)
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(PS) Gifford v. Hornbrook Fire Protection District et al Doc. 44 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGER GIFFORD, 12 Plaintiff, 13 14 15 No. 2:16-CV-0596-JAM-DMC v. ORDER HORNBROOK FIRE PROTECTION DISTRICT, et al., Defendants. 16 17 Plaintiff, who is proceeding pro se, brings this civil action. The matter was 18 19 referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On October 1, 2019, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. Timely objections to the findings and 23 recommendations have been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 1, 2019, are adopted in 2. Defendants’ motion for judgment on the pleadings (ECF No. 31) is granted 3 full; 4 5 in part and denied in part; 6 3. Plaintiff’s first amended complaint is dismissed with leave to amend; 7 4. Plaintiff’s motion to strike defendants’ answer to the first amended 8 complaint (ECF No. 30) is denied as moot and without prejudice to challenging defendants’ 9 answer to any second amended complaint; and 10 11 5. Plaintiff shall file a second amended complaint within 30 days of the date of this order. 12 13 14 15 DATED: December 18, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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