(PC) Paul N. Beaton v. State of California, No. 1:2019cv00917 - Document 28 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 26 Findings and Recommendations and DISMISSING Action for Failure to State a Claim signed by District Judge Anthony W. Ishii on 12/1/2020. CASE CLOSED. (Sant Agata, S)

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(PC) Paul N. Beaton v. State of California Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL NIVARD BEATON, 12 Plaintiff, 13 14 15 v. STATE OF CALIFORNIA, et al., Defendants. No. 1:19-cv-00917-AWI-JLT (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM (Doc. No. 26) 16 17 Plaintiff Paul Nivard Beaton is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States 19 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 17, 2020, the assigned magistrate judge filed findings and recommendations, 21 recommending that this action be dismissed for failure to state a claim on which relief can be 22 granted. (Doc. No. 26.) Given that Plaintiff had received two opportunities to amend his 23 complaint (Doc. Nos. 11, 16), the magistrate judge found that further amendment would be futile. 24 (Doc. No. 26 at 1, 7.) 25 Plaintiff filed objections to the findings and recommendations on July 28, 2020. (Doc. 26 No. 27.) Therein, Plaintiff states that he is filing the objections to preserve his right to appeal (see 27 id. at 1, 2), but he does not address the analysis set forth in the findings and recommendations or 28 otherwise provide justification to reject or modify them. Dockets.Justia.com 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 proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 The findings and recommendations filed on July 17, 2020 (Doc. No. 26) are ADOPTED in full; 8 2. This action is DISMISSED for failure to state a claim on which relief can be granted; and 9 3. 10 The Clerk of the Court is directed to close this case. 11 12 13 IT IS SO ORDERED. Dated: December 1, 2020 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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