(PC) Florence v. Kernan et al, No. 1:2019cv00331 - Document 49 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 47 Findings and Recommendations Recommending Dismissal of Action, with Prejudice, for Failure to State a Claim signed by District Judge Dale A. Drozd on 10/27/2021. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FLORENCE, 12 Plaintiff, 13 v. 14 KERNAN, et al., 15 No. 1:19-cv-00331-NONE-BAM (PC) Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (Doc. No. 47) 17 18 19 20 Plaintiff David Florence is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 30, 2021, the assigned magistrate judge screened the second amended 21 complaint and issued findings and recommendations recommending that this action be dismissed, 22 with prejudice, for failure to state a cognizable claim upon which relief may be granted. (Doc. 23 No. 47.) On October 18, 2021, plaintiff timely filed objections to the findings and 24 recommendations. (Doc. No. 48.) 25 In his objections, plaintiff reiterates the factual allegations and conclusory legal arguments 26 included in his second amended complaint, as well as boilerplate legal standards applicable to his 27 claims. Plaintiff does not otherwise address the analysis set forth in the magistrate judge’s 28 findings and recommendations. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s 3 objections, the court finds the findings and recommendations to be supported by the record and 4 by proper analysis. 5 Accordingly, 6 1. The findings and recommendations issued on September 30, 2021, (Doc. No. 47), are 7 8 adopted in full; 2. This action is dismissed, with prejudice, for failure to state a cognizable claim upon 9 10 which relief may be granted; and 3. The Clerk of the Court is directed to assign a district judge to this case for the purpose 11 12 13 14 of closing the case and then to close this case. IT IS SO ORDERED. Dated: October 27, 2021 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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