(PC) Martinez v. Brown et al, No. 1:2019cv00967 - Document 33 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 30 Findings and Recommendations in Full; ORDER DISMISSING this Case, with Prejudice, for Failure to State a Claim; ORDER DIRECTING Clerk to Close Case signed by District Judge Anthony W. Ishii on 12/2/2020. CASE CLOSED. (Sant Agata, S)

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(PC) Martinez v. Brown et al Doc. 33 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICARDO MARTINEZ,, 12 13 14 15 16 17 Plaintiff, v. K. BROWN, et al., Defendants. 1:19-cv-00967-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (ECF No. 30) ORDER DISMISSING THIS CASE, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (ECF No. 27) ORDER DIRECTING CLERK TO CLOSE CASE 18 19 20 Ricardo Martinez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 21 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to 22 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On September 25, 2020, findings and recommendations were entered, recommending 24 that this case be dismissed based on Plaintiff’s failure to state a claim upon which relief may be 25 granted under § 1983. (ECF No. 30.) On October 14, 2020, Plaintiff filed objections to the 26 findings and recommendations. (ECF No. 31.) 27 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 Dockets.Justia.com 1 including Plaintiff’s objections, the court finds the findings and recommendations to be 2 supported by the record and proper analysis. 3 Accordingly, 4 1. 25, 2020 (Doc. No. 30), are adopted in full; 5 6 2. This action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted under § 1983; and 7 8 The findings and recommendations issued by the magistrate judge on September 3. The Clerk of Court is directed to CLOSE this case. 9 10 11 IT IS SO ORDERED. 12 Dated: December 2, 2020 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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