(PC) Mills v. Fox et al, No. 2:2017cv00152 - Document 19 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 3/27/2019 ADOPTED in FULL 14 Findings and Recommendations. Plaintiff's claims against defendant Fox are DISMISSED without further leave to amend for failure to state a claim; Plaintiff's c laims related to the conditions of his confinement be dismissed without further leave to amend for failure to state a claim, and this action proceeds on the original complaint on plaintiff's access to the courts claim against defendant Goodson only. (Reader, L)
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(PC) Mills v. Fox et al Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH WAYNE MILLS, 12 Plaintiff, 13 14 No. 2:17-CV-0152-JAM-DMC-P v. ORDER ROBERT W. FOX, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On December 7, 2018, 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 December 7, 2018, are adopted in 2. Plaintiff’s claims against defendant Fox are dismissed without further leave 3 4 5 6 7 8 9 full; to amend for failure to state a claim; 3. Plaintiff’s claims related to the conditions of his confinement be dismissed without further leave to amend for failure to state a claim; and 4. This action proceeds on the original complaint on plaintiff’s access to the courts claim against defendant Goodson only. 10 11 12 13 DATED: March 27, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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