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Williams v. Jung

United States District Court, E.D. California
Feb 23, 2006
No. 1:03-cv-05942-OWW-LJO-P, (Docs. 73 and 74), (Doc. 70) (E.D. Cal. Feb. 23, 2006)

Opinion

No. 1:03-cv-05942-OWW-LJO-P, (Docs. 73 and 74), (Doc. 70).

February 23, 2006


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS ORDER DENYING MOTION FOR PRELIMINARY INJUNCTIVE RELIEF, AND DISMISSING ACTION


Plaintiff Lonnie Williams ("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 72-302.

On December 15, 2005, the Magistrate Judge filed two Findings and Recommendations which were served on plaintiff and which contained notice to plaintiff that any objections to the Findings and Recommendations were to be filed within thirty days. On January 6, 2006, plaintiff filed an objection to the Magistrate Judge's Findings and Recommendations recommending dismissal of this action.

On January 23, 2006, Plaintiff, without leave of court, purported to file a fifth amended complaint. Perusal of the new unauthorized complaint reveals it does not state a claim. The fifth amended complaint must be stricken.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, 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.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed December 15, 2005, are ADOPTED IN FULL;
2. Plaintiff's motion for preliminary injunctive relief, filed October 6, 2005, is DENIED; and
3. This action is DISMISSED, with prejudice, for plaintiff's failure to state a claim upon which relief may be granted.
4. Plaintiff's purported fifth amended complaint filed Without leave of court is STRICKEN.

IT IS SO ORDERED.


Summaries of

Williams v. Jung

United States District Court, E.D. California
Feb 23, 2006
No. 1:03-cv-05942-OWW-LJO-P, (Docs. 73 and 74), (Doc. 70) (E.D. Cal. Feb. 23, 2006)
Case details for

Williams v. Jung

Case Details

Full title:LONNIE WILLIAMS, Plaintiff, v. J. JUNG, et al., Defendants

Court:United States District Court, E.D. California

Date published: Feb 23, 2006

Citations

No. 1:03-cv-05942-OWW-LJO-P, (Docs. 73 and 74), (Doc. 70) (E.D. Cal. Feb. 23, 2006)