(PC) Martinez v. Rios et al, No. 2:2017cv02445 - Document 19 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 12/18/2019 ADOPTING 18 Findings and Recommendations in full, GRANTING 15 Motion to Dismiss, DISMISSING Plaintiff's retaliation claim against defendant Rios with leave to amend, DISMISSING Pla intiff's due process claims against all defendants with leave to amend, and ORDERING that Plaintiff may file a first amended complaint within 30 days of the date of this order. If no first amended complaint is filed, this action shall proceed on plaintiff's original complaint against defendant Cisneros only and all other claims and defendants will be dismissed. (Huang, H)
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(PC) Martinez v. Rios 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 MIGUEL MARTINEZ, 12 Plaintiff, 13 14 No. 2:17-CV-2445-JAM-DMC-P v. ORDER C. RIOS, 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 November 5, 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. No objections to the findings and recommendations 23 have been filed. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 5, 2019, are adopted in 4 2. Defendants’ unopposed motion to dismiss (ECF No. 15) is granted; 5 3. Plaintiff’s retaliation claim against defendant Rios is dismissed with leave 4. Plaintiff’s due process claims against all defendants are dismissed with 3 6 full; to amend; 7 8 leave to amend; 9 10 11 5. Plaintiff may file a first amended complaint within 30 days of the date of 6. If no first amended complaint is filed within the time provided herein, this this order; and 12 action shall proceed on plaintiff’s original complaint on plaintiff’s retaliation claim against 13 defendant Cisneros only and all other claims and defendants will be dismissed. 14 15 16 17 DATED: December 18, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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