(PC) Roberts v. KVSP Investiation Service Unit, No. 1:2019cv01055 - Document 14 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 12 Findings and Recommendations, Dismissing Action signed by District Judge Anthony W. Ishii on 11/22/019. CASE CLOSED. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 ) ) Plaintiff, ) ) v. ) ) KVSP INVESTIGATION SERVICES UNIT, ) et al., ) ) Defendants. ) ) ) DAVID ROBERTS, Case No.: 1:19-cv-01055-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING ACTION [ECF No. 12] Plaintiff David Roberts is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 20 On August 28, 2019, the magistrate judge issued Findings and Recommendations 21 recommending that the action be dismissed for failure to state a cognizable claim for relief. The 22 Findings and Recommendations were served on Plaintiff and contained notice that objections were to 23 be filed within twenty-one days. 24 Plaintiff filed objections on September 9, 2019. In his objections, Plaintiff continues to argue 25 that he is seeking liability against the officers in the investigative services unit because they failed to 26 provide him a copy of photos which will support his claim for excessive force. However, as stated in 27 the Findings and Recommendations, Plaintiff does not have a constitutional right to entitlement of a 28 copy of photos. Plaintiff’s objections are overruled. 1 1 Accordingly, it is HEREBY ORDERED: 2 1. The findings and recommendations issued on August 28, 2019, are adopted in full; 3 2. Plaintiff’s complaint is DISMISSED without leave to amend; and 4 3. The Clerk shall CLOSE this case. 5 6 IT IS SO ORDERED. 7 Dated: November 22, 2019 8 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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