(PC) Burghardt v. Borges, et al., No. 1:2017cv01433 - Document 35 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 32 Findings and Recommendations in Full; ORDER DISMISSING Case, with Prejudice, for Failure to State a Claim; ORDER for Clerk to CLOSE CASE signed by District Judge Anthony W. Ishii on 4/13/2021. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARRYL BURGHARDT, Plaintiff, 12 13 14 15 16 v. L. BORGES, et al., Defendants. 1:17-cv-01433-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (ECF No. 32.) ORDER DISMISSING CASE, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM ORDER FOR CLERK TO CLOSE CASE 17 18 19 20 Darryl Burghardt (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 21 with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 22 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On January 26, 2021, findings and recommendations were entered, recommending that 24 this case be dismissed based on Plaintiff’s failure to state a claim upon which relief may be 25 granted under § 1983. (ECF No. 32.) On February 16, 2021, Plaintiff filed objections to the 26 findings and recommendations. (ECF No. 34.) 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 including Plaintiff’s objections, the court finds the findings and recommendations to be supported 2 by the record and proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 The findings and recommendations issued by the Magistrate Judge on January 26, 2021, are adopted in full; 6 2. 7 This action is dismissed, with prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted under § 1983; and 8 3. The Clerk of Court is directed to close this case. 9 10 11 IT IS SO ORDERED. Dated: April 13, 2021 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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