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Durham v. State

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 24, 2010

ANTHONY DURHAM, PLAINTIFF,
v.
STATE OF CALIFORNIA (SOLANO STATE PRISON); WARDEN JOHN W. HAVELAND; P. REAGAN; AND J. DELGADILLO, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

On July 21, 2010, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed.*fn1

Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

Accordingly, IT IS ORDERED that:

1. The proposed Findings and Recommendations filed July 21, 2010, are ADOPTED.

2. Defendant State of California (Solano State Prison) is dismissed without leave to amend.

3. Plaintiff's amended complaint, Dckt. No. 13, is dismissed with leave to amend.

4. Plaintiff is granted thirty days from the date of this order to file a second amended complaint.

5. Plaintiff is directed that the second amended complaint must bear the docket number assigned to this case and must be labeled "Second Amended Complaint."

6. Plaintiff is cautioned that failure to timely file a second amended complaint will result in a recommendation by the magistrate judge that this action be dismissed.

7. Plaintiff's motions for extensions of time, Dckt. Nos. 17, 18, are denied as moot.


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