Elawyers Elawyers
Ohio| Change

Davis v. Johnson, 2:17-cv-0544 JAM CKD P. (2018)

Court: District Court, E.D. California Number: infdco20180607a30 Visitors: 15
Filed: Jun. 06, 2018
Latest Update: Jun. 06, 2018
Summary: ORDER JOHN A. MENDEZ , District Judge . Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On April 18, 2018, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations wer
More

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On April 18, 2018, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the findings and recommendations.1

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed April 18, 2018, are adopted in full; and

2. Any Fourteenth Amendment claim identified by plaintiff in his complaint is dismissed.

FootNotes


1. In his objections, plaintiff asks that if the court were to adopt the pending findings and representations, plaintiff be granted leave to file an amended complaint. Plaintiff is free to submit a motion for leave to amend which would be considered by the magistrate judge. If plaintiff does file a motion for leave to amend, he must also submit a proposed amended complaint so that the amended complaint may be screened pursuant to 28 U.S.C. § 1915A(a).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer