Opinion
CV 23-2268-SSS(E)
03-20-2024
HAROLD PHILLIPS, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, ET AL., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
SUNSHINE SUZANNE SYKES, UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. section 636, the Court has reviewed the Complaint, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which any objections have been made. The Court accepts and adopts the Magistrate Judge's Report and Recommendation.
IT IS ORDERED that: (1) the Report and Recommendation of the Magistrate Judge is accepted and adopted; (2) the Motion for Default is denied; (3) the Complaint is dismissed with leave to amend; and (4) Plaintiff may file a First Amended Complaint within thirty (30) days of the date of this Order. Failure timely to file a First Amended Complaint that states a federal claim may result in the dismissal of this action.
IT IS FURTHER ORDERED that the Clerk serve forthwith a copy of this Order on Plaintiff and on counsel for Defendants.