(PC) Millare v. Murphy et al, No. 2:2020cv00451 - Document 26 (E.D. Cal. 2021)
Court Description: ORDER signed by Senior Judge William B. Shubb on 2/16/2021 ADOPTING 25 Findings and Recommendations in full; DISMISSING plaintiff's Eighth Amendment, Fourteenth Amendment, and ADA claims without leave to amend; DISMISSING plaintiff's First Amended retaliation claims with leave to amend; GRANTING plaintiff 30 days from the date of this order to file an Amended Complaint; and DENYING AS MOOT 22 Motion to Dismiss. (Coll, A)
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(PC) Millare v. Murphy et al Doc. 26 Case 2:20-cv-00451-WBS-JDP Document 26 Filed 02/17/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORIANO MILLARE, 12 13 14 No. 2:20-cv-00451-WBS-JDP (PC) Plaintiff, v. ORDER C. JACKSON, 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 January 15, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed January 15, 2021, are adopted in full; 28 2. Plaintiff’s Eighth Amendment, Fourteenth Amendment, and ADA claims are dismissed 1 Dockets.Justia.com Case 2:20-cv-00451-WBS-JDP Document 26 Filed 02/17/21 Page 2 of 2 1 without leave to amend; 2 3. Plaintiff’s First Amendment retaliation claims is dismissed with leave to amend; 3 4. Plaintiff is granted thirty days from the date of this order in which to file an amended 4 5 6 complaint; and 5. Defendants’ motion to dismiss, ECF No. 22, is denied as moot. Dated: February 16, 2021 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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