(PC) Melton v. CDCR, et al., No. 2:2021cv00833 - Document 13 (E.D. Cal. 2021)
Court Description: ORDER signed by District Judge John A. Mendez on 12/22/21 ADOPTING 12 Findings and Recommendations and GRANTING 7 Motion to Dismiss. Plaintiff shall file an amended complaint within thirty days of the date of this order. (Kaminski, H)
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(PC) Melton v. CDCR, et al. Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES ANDREW MELTON, 12 Plaintiff, 13 14 15 No. 2:21-cv-00833-JAM-JDP (PC) v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 3, 2021, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. No objections were 24 filed. 25 The court has reviewed the file and finds the findings and recommendations to be 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 1. The findings and recommendations filed November 3, 2021, are adopted in full; 1 Dockets.Justia.com 1 2. Defendants’ motion to dismiss, ECF No. 7, is granted. 2 3. Plaintiff’s complaint, ECF No. 1 at 4-16, is dismissed with leave to amend. 3 4. Plaintiff shall file an amended complaint within thirty days of the date of this order. 4 5 6 Dated: December 22, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 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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