(PC) Hammler v. Lyons et al, No. 1:2019cv01650 - Document 15 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 11/19/19 ADOPTING 13 FINDINGS and RECOMMENDATIONS in full; CASE TRANSFERRRED to Fresno Division. New Case Number 1:19-01650 GSA. Plaintiff's claims against defendant Lyons appearin g in Plaintiff's amended complaint are DISMISSED for failure to state a claim upon which relief can be granted; All remaining claims are transferred to the Fresno Division of this court; and All future filings shall reference the new Fresno case number assigned and shall be filed at: USDC Eastern District of California 2500 Tulare Street Fresno, CA 93721. Old Case Number 2:18-cv-03251-MCE-CKD. (Mena-Sanchez, L)

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(PC) Hammler v. Lyons et al Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, 12 No. 2:18-cv-3251 MCE CKD P Plaintiff, 13 v. 14 J. LYONS, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 30, 2019, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 30, 2019, (ECF No. 13) are 3 4 5 ADOPTED in full; 2. Plaintiff’s claims against defendant Lyons appearing in plaintiff’s amended complaint are DISMISSED for failure to state a claim upon which relief can be granted; 6 3. All remaining claims are transferred to the Fresno Division of this court; and 7 4. All future filings shall reference the new Fresno case number assigned and shall be 8 9 10 11 12 filed at: United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721 IT IS SO ORDERED. Dated: November 19, 2019 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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