(PC) Legare v. Cryer et al, No. 1:2018cv01474 - Document 24 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 20 Findings and Recommendations and ORDER DISMISSING ACTION, With Prejudice, Due to Plaintiff's Failure to State a Claim signed by Chief Judge Lawrence J. O'Neill on 12/18/2019. 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 JASON PAUL LEGARE, 12 13 14 15 Plaintiff, v. Case No. 1:18-cv-01474-LJO-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOR FAILURE TO STATE A CLAIM CRYER, et al., (ECF No. 20) Defendants. 16 17 Plaintiff Jason Paul Legare (“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 November 19, 2019, the assigned Magistrate Judge issued findings and 21 recommendations recommending dismissal of this action for failure to state a claim upon which 22 relief may be granted. (ECF No. 20.) Those findings and recommendations were served on 23 Plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) 24 days after service. (Id. at 7.) Following an extension of time, Plaintiff timely filed objections on 25 December 16, 2019. (ECF No. 23.) 26 The Court finds that Plaintiff’s objections fail to cure the deficiencies identified in the 27 Magistrate Judge’s findings and recommendations. Despite being provided the relevant legal 28 standards, Plaintiff’s objections generally restate the same conclusory allegations and arguments 1 1 that the Magistrate Judge found insufficient to state any cognizable claims against the named 2 defendants. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, including Plaintiff’s 5 objections, the Court concludes that the Magistrate Judge’s findings and recommendations are 6 supported by the record and by proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. 9 10 are adopted in full; 2. 11 12 The findings and recommendations issued on November 19, 2019, (ECF No. 20), This action is dismissed, with prejudice, due to Plaintiff’s failure to state a claim; and 3. The Clerk of the Court is directed to close this case. 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 18, 2019 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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