United States District Court, E.D. California
April 10, 2014
DUANE REED MOORE, Plaintiff,
B. DUFFY, et al., Defendants.
WILLIAM B. SHUBB, 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 March 13, 2014, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has 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. Plaintiff's "Objections to Magistrate Judge's Findings and Recommendations" appear to be in effect a request to file a "Complete Amended Complaint." Plaintiff already filed an Amended Complaint (Docket No 13) in response to the Magistrate Judge's earlier findings and recommendations (Docket No. 12). If plaintiff wishes to file a Second Amended Complaint, he will have file and serve a separate noticed motion for permission to do so. See F.R.Civ.P. 15(a). 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 March 13, 2014, are adopted in full; and
2. Defendants Duffy, Thumser, Elam, Carolan, Horgan, Allen, J. Jones, S. Jones, Zamora, Matteucci and Toche are dismissed.