(PC) Fredrickson v. Baniga et al, No. 1:2020cv00398 - Document 16 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 13 Findings and Recommendations; ORDERED that this action is DISMISSED for Failure to State a Claim, signed by District Judge Dale A. Drozd on 1/8/2021. CASE CLOSED(Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WARREN FREDRICKSON, 12 Plaintiff, 13 14 No. 1:20-cv-00398-NONE-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING ACTION AND DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE TO THIS CASE FOR THE PURPOSE OF CLOSING THE CASE v. U. BANIGA, et al., 15 Defendants. (Doc. Nos. 11, 13) 16 17 Warren Frederickson (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to 20 a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 31, 2020, the assigned magistrate judge issued findings and recommendations, 21 22 recommending that “[t]his action be dismissed for failure to state a claim,” and that “[t]he Clerk 23 of Court be directed to close the case.” (Doc. No. 13 at 8.) Plaintiff was provided an opportunity to file objections to the findings and 24 25 recommendations and then granted plaintiff an extension to do so. (See Doc. No. 15.) The 26 extended deadline to file objections has passed, and plaintiff has not filed objections or otherwise 27 responded to the findings and recommendations. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. 6 The findings and recommendations issued on August 31, 2020, (Doc. No. 13), are adopted in full; 7 2. This action is dismissed for failure to state a claim; and 8 3. The Clerk of Court is directed to assign a district judge to this case for the purpose 9 10 11 of closing the case and then to close this case. IT IS SO ORDERED. Dated: January 8, 2021 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2