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McClellan v. Kern County Sheriff's Office

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Aug 13, 2015
Case No. 1:10-cv-0386-LJO-MJS (PC) (E.D. Cal. Aug. 13, 2015)

Opinion

Case No. 1:10-cv-0386-LJO-MJS (PC)

08-13-2015

GREGORY MCCLELLAN, Plaintiff, v. KERN COUNTY SHERIFF'S OFFICE, et al., Defendant.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF'S MOTION TO AMEND THE PLEADINGS

(ECF No. 100)

Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff's excessive force claim against Defendants Lozano, Wood, and Perkins, all of whom have appeared in the action. (ECF Nos. 23, 71, & 73.) 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 July 14, 2015, the Magistrate Judge issued findings and recommendations (ECF No. 100) to deny Plaintiff's motion to amend the pleadings to include a medical indifference claim. (ECF No. 88). Plaintiff filed objections on July 29, 2015. (ECF No. 108.)

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the July 14, 2015 findings and recommendations are supported by the record and by proper analysis.

Accordingly, it is HEREBY ORDERED that:

1. The Court adopts the findings and recommendations (ECF No. 100), filed July 14, 2015, in full; and

2. Plaintiff's motion to amend the pleadings (ECF No. 88), filed June 8, 2015, is DENIED.
IT IS SO ORDERED.

Dated: August 13 , 2015

/s/ Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE


Summaries of

McClellan v. Kern County Sheriff's Office

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Aug 13, 2015
Case No. 1:10-cv-0386-LJO-MJS (PC) (E.D. Cal. Aug. 13, 2015)
Case details for

McClellan v. Kern County Sheriff's Office

Case Details

Full title:GREGORY MCCLELLAN, Plaintiff, v. KERN COUNTY SHERIFF'S OFFICE, et al.…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Aug 13, 2015

Citations

Case No. 1:10-cv-0386-LJO-MJS (PC) (E.D. Cal. Aug. 13, 2015)