(PC) Mitchell v. Tate, No. 1:2017cv01633 - Document 15 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 10 Findings and Recommendations and Dismissing Action, With Prejudice, for Failure to State a Cognizable Claim Upon Which Relief May be Granted signed by District Judge Anthony W. Ishii on 12/15/2020. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DESHAWN MITCHELL, 12 Plaintiff, 13 14 15 v. Case No. 1:17-cv-01633-AWI-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO STATE A CLAIM TATE, (ECF No. 10) Defendant. 16 17 Plaintiff Deshawn Mitchell (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 6, 2018, the Magistrate Judge issued findings and a recommendation 21 recommending dismissal of this action for failure to state a cognizable claim upon which relief 22 may be granted. (ECF No. 10.) Those findings and recommendations were served on Plaintiff 23 and contained notice that any objections thereto were to be filed within fourteen (14) days after 24 service. (Id. at 5.) Plaintiff timely filed objections, together with a lodged second amended 25 complaint, on June 20, 2018. (ECF Nos. 11, 12.) 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 27 de novo review of the case, including Plaintiff’s objections and proposed second amended 28 complaint. None of Plaintiff’s objections provide a legal basis on which to question the 1 1 Magistrate Judge’s findings and recommendations, and the proposed second amended complaint 2 fails to cure the identified deficiencies in the first amended complaint. Having carefully reviewed 3 the entire file, the Court concludes that the Magistrate Judge’s findings and recommendations are 4 supported by the record and by proper analysis. 5 6 7 8 9 10 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations issued on June 6, 2018 (ECF No. 10) are ADOPTED in full; 2. This action is DISMISSED, with prejudice, for failure to state a cognizable claim upon which relief may be granted; and 3. The Clerk of the Court is directed to CLOSE this case. 11 12 13 IT IS SO ORDERED. Dated: December 15, 2020 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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