(PC) Quinn v. Dowbak, No. 2:2017cv00992 - Document 31 (E.D. Cal. 2018)
Court Description: ORDER adopting in full 29 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 9/13/18. Defendants' 19 motion to dismiss is GRANTED. Plaintiff's complaint is DISMISSED with leave to amend. Plaintiff's 30 motion to amend is DENIED as unnecessary. Plaintiff shall file an amended complaint within 30 days from the date of service of this order. (Kastilahn, A)
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(PC) Quinn v. Dowbak Doc. 31 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY WAYNE QUINN, 12 Plaintiff, 13 14 No. 2:17-cv-992-MCE-EFB P v. ORDER JOHN M. DOWBAK, 15 Defendant. 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. On July 16, 2018, the magistrate judge filed findings and recommendations herein which 20 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.1 The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1 However, on July 25, 2018, plaintiff filed a motion to amend his complaint. ECF No. 30. 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed July 16, 2018, (ECF No. 29) are ADOPTED in full; 3 2. Defendants’ motion to dismiss (ECF No. 19) is GRANTED; 4 3. Plaintiff’s complaint is DISMISSED with leave to amend; 5 4. Plaintiff’s motion to amend (ECF No. 30) is denied as unnecessary; and 6 5. Plaintiff shall file an amended complaint within thirty (30) days from the date of 7 service of this order and is admonished that failure to comply will result in dismissal 8 of this action. 9 IT IS SO ORDERED. 10 Dated: September 13, 2018 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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