Leal v. Vang et al, No. 1:2019cv01267 - Document 8 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 6 Findings and Recommendations and DISMISSING Action for Failure to State a Claim signed by Chief Judge Lawrence J. O'Neill on 12/13/2019. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JOSE REYMUNDO LEAL, 11 Case No. 1:19-cv-01267-LJO-SAB Plaintiff, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM v. 13 MALIA VANG, et al., 14 (ECF No. 6) Defendants. 15 16 Jose Reymundo Leal (“Plaintiff”), a pretrial detainee proceeding pro se and in forma 17 1 18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to 19 a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 9, 2019, Plaintiff’s complaint was screened and he was granted leave to 20 21 file an amended complaint. (ECF No. 4.) Plaintiff filed an amended complaint on September 22 26, 2019. (ECF No. 5.) On October 1, 2019, findings and recommendations issued on October 23 1, 2019 recommending that the amended complaint be dismissed without leave to amend. (ECF 24 No. 6.) The findings and recommendations was served on Plaintiff’s address of record and he 25 was notified that any objections to the findings and recommendations were to be filed within 26 thirty days from the date of service. 27 1 Plaintiff has subsequently been sentenced and is now in the custody of the California Department of Corrections 28 and Rehabilitation. (ECF No. 7.) 1 1 On October 7, 2019, Plaintiff filed a notice of change of address and the findings and 2 recommendations was reserved at his new address. More than thirty days have passed since 3 Plaintiff was served with the findings and recommendations at his current address and Plaintiff 4 has not filed objections or otherwise responded. 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 6 de novo review of this case. Having carefully reviewed the entire file, the court finds the 7 findings and recommendations to be supported by the record and by proper analysis. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. FULL; 10 11 2. Plaintiff’s amended complaint is DISMISSED WITHOUT LEAVE TO AMEND for failure to state a claim; and 12 13 The findings and recommendations, filed October 1, 2019, is ADOPTED IN 3. The Clerk of the Court is DIRECTED to close this matter. 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 13, 2019 UNITED STATES CHIEF DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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