(PC) Moody v. Scotland et al, No. 2:2022cv02020 - Document 19 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/20/23 ADOPTING 18 Findings and Recommendations in full; GRANTING 17 Motion to Dismiss within 30 days leave to amend; matter REFERRED back to the assigned Magistrate Judge for further pre-trial proceedings. (Benson, A.)

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(PC) Moody v. Scotland 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 KAYSHON LAMONT MOODY, 12 Plaintiff, 13 14 No. 2:22-CV-2020-TLN-DMC ORDER v. A. SCOTLAND, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 17 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. On November 6, 2023, the Magistrate Judge filed findings and recommendations herein 20 21 which were served on the parties, and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 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 2 3 Accordingly, IT IS HEREBY ORDERED as follows: 1. The findings and recommendations filed November 6, 2023 (ECF No. 18) are ADOPTED IN FULL; 4 2. Defendants’ unopposed motion to dismiss (ECF No. 17) is GRANTED. 5 3. This action is DISMISSED with leave to amend. 6 4. Plaintiff shall file a first amended complaint within thirty (30) days of the 7 8 9 10 electronic filing date of this Order; 5. This matter is referred back to the assigned Magistrate Judge for further pre-trial proceedings. Date: December 20, 2023 11 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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