Opinion
2:16-CV-2641-MCE-DMC-P
08-29-2023
DUANE REED MOORE, SR., Plaintiff, v. ROBERT W. FOX, et al., Defendants.
ORDER
MORRISON C. ENGLAND Jr. SENIOR UNITED STATES DISTRICT JUDGE
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.
On July 14, 2023, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within the time specified therein. No objections to the findings and recommendations have been filed.
The Court has reviewed the file and finds the findings and recommendations to be supported by the record and the Magistrate Judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed July 14, 2023, are ADOPTED in full.
2. Defendants' unopposed motion to dismiss, ECF No. 64, is GRANTED.
3. This action proceeds against Defendants in their individual capacities only.
4. Plaintiff's complaint is DISMISSED with leave to amend.
5. Plaintiff's motion for injunctive relief, ECF No. 68, is DENIED without prejudice to renewal upon the filing of a first amended complaint.
6. Plaintiff shall file a first amended complaint within 30 days of the date this Order is electronically filed.
IT IS SO ORDERED.