Gates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS OSBORNE, Case No. 1:19-cv-01732-JLT-HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART

v.

ORDER GRANTING PLAINTIFF’S MOTION

S. GATES, C. CRYER, D. ROBERTS, TO FILE A THIRD AMENDED COMPLAINT Defendants. (Doc. 18, 19) 16 The magistrate judge issued findings and recommendations recommending the district court dismiss Plaintiff’s second amended complaint (“SAC”) for failure to state a claim arising under the Eighth Amendment. (Doc. 18 at 1-8.) The findings and recommendations provided notice to Plaintiff that he had fourteen days to file any objections. (Id. at 1, 8.) Instead of filing objections, Plaintiff filed a motion for leave to file a third amended complaint. (Doc. 19.) According to 28 U.S.C. § 636(b)(1)(C), the 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…