(PC) Davis v. Perez, No. 1:2019cv01310 - Document 17 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 13 Findings and Recommendations and DISMISSING Action for Failure to State a Cognizable Claim for Relief 13 , 16 , signed by Chief Judge Lawrence J. O'Neill on 12/3/2019. CASE CLOSED. (Orozco, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVIN S. DAVIS, 12 Plaintiff, 13 14 v. R. PEREZ, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:19-cv-01310-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF [ECF Nos. 13, 16] 18 Plaintiff Devin S. Davis is appearing pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 7, 2019, the Magistrate Judge issued Findings and Recommendations 22 recommending that the action be dismissed for failure to state a cognizable claim for relief. (ECF No. 23 13.) The Findings and Recommendations was served on Plaintiff and contained notice that objections 24 were to be filed within twenty-one days. Plaintiff filed objections on November 25, 2019. (ECF NO. 25 16.) 26 /// 27 /// 28 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 2 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, the 3 Court finds the Findings and Recommendations to be supported by the record and by proper analysis. 4 Plaintiff has failed to allege facts sufficient to give rise to a cognizable claim for relief under § 1983, 5 and Plaintiff’s objections do not change this conclusion. 6 Accordingly, it is HEREBY ORDERED that: 7 1. The Findings and Recommendations issued on November 7, 2019 are adopted in full; 8 2. The instant action is dismissed for failure to state a cognizable claim for relief; and 9 3. The Clerk of Court shall enter judgment. 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 2, 2019 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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