(PC) Knox v. Biter, No. 1:2018cv00761 - Document 18 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 16 FINDINGS and RECOMMENDATIONS IN FULL and ORDER DISMISSING ACTION for Failure to State a Cognizable Claim for Relief signed by District Judge Anthony W. Ishii on 12/12/2018. CASE CLOSED. (Jessen, A)
Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 WILLIE H. KNOX, III., 12 Plaintiff, 13 14 15 v. M. BITER, Defendant. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-00761-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, AND DISMISSING ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF [ECF Nos. 15, 16, 17] 17 Plaintiff Willie H. Knox III is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 22, 2018, the Magistrate Judge filed a Findings and Recommendation recommending 21 that this action be dismissed for failure to state a cognizable claim for relief. The Findings and 22 Recommendation was served on Plaintiff and contained notice that objections were to be filed within 23 twenty-one (21) days. Plaintiff filed objections on September 17, 2018. (ECF No. 17.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, the 26 Court finds the Findings and Recommendation to be supported by the record and by proper analysis. 27 28 1 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendation, filed on August 22, 2018, is adopted in full; and 2. The instant action is dismissed for a failure to state a cognizable claim for relief; and 3. The Clerk of Court is directed to CLOSE the case. 5 6 7 8 9 IT IS SO ORDERED. Dated: December 12, 2018 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2