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John Philip Moncrief v. California Department of Corrections and Rehabilitation

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


February 14, 2013

JOHN PHILIP MONCRIEF, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL. DEFENDANTS.

ORDER

Plaintiff, a state prisoner proceeding with counsel, 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 November 19, 2012, the Magistrate Judge filed findings and recommendations herein (ECF No. 15) 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. Defendants have filed objections to the findings and recommendations.

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.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed November 19, 2012 (ECF No. 15) are ADOPTED IN FULL;

2. Defendants' motion to dismiss, filed September 25, 2012 (ECF No. 11) is GRANTED as to Counts Three, Four, Five and Six of the First Amended Complaint, and DENIED as to all remaining counts; and

3. Not later than twenty (20) days following the date this Order is electronically filed, Plaintiff may (but is not required to) file an amended complaint. If no amended complaint is filed within said twenty (20) day period, without further notice to the parties, the causes of action dismissed by virtue of this Order will be dismissed with prejudice.

DATED:


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