Franks v. Johnson et al, No. 1:2020cv00367 - Document 7 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 6 Findings and Recommendations and Dismissing Action for Failure to State a Claim signed by District Judge Anthony W. Ishii on 04/30/2020. 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 TOM M. FRANKS, Plaintiff, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM v. 13 14 Case No. 1:20-cv-00367-AWI-SAB R.C. JOHNSON, et al., 15 (ECF No. 6) Defendants. 16 17 Tom M. Franks (“Plaintiff”) is appearing pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 20, 2020, the magistrate judge filed a findings and recommendations 21 recommending that the action be dismissed for Plaintiff’s failure to state a claim. The findings 22 and recommendations was served on Plaintiff and contained notice that any objections to the 23 findings and recommendations were to be filed within thirty days from the date of service. The 24 period for filing objections has passed and no objections have been filed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 26 de novo review of this case. Having carefully reviewed the entire file, the court finds the 27 findings and recommendations to be supported by the record and by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed March 20, 2020, is ADOPTED IN FULL; 3 4 2. This action is DISMISSED for Plaintiff’s failure to state a claim; and 5 3. The Clerk of the Court is DIRECTED to close this action. 6 7 IT IS SO ORDERED. 8 Dated: April 30, 2020 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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