(PC) Torres v. May et al, No. 1:2020cv00839 - Document 29 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 28 Findings and Recommendations; ORDER DISMISSING Action for Failure to State a Claim; ORDER for Clerk to Close Case, signed by District Judge Anthony W. Ishii on 4/16/2021. CASE CLOSED. (Marrujo, C)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 ARTHUR TORRES, Plaintiff, 8 9 10 v. DANIEL MAY, et al., Defendants. 11 Case No. 1:20-cv-00839-AWI-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NOS. 21 & 28) ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM ORDER FOR CLERK TO CLOSE CASE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Arthur Torres (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This case proceeds “on Plaintiff’s Fourteenth Amendment due process claim against defendants May, Shimmin, and Frauenheim.” (ECF No. 9, p. 10). On December 4, 2020, Defendants filed a motion to dismiss. (ECF No. 21). On March 8, 2021, Magistrate Judge Erica P. Grosjean entered findings and recommendations, recommending that “Defendants’ motion to dismiss (ECF No. 21) be GRANTED,” and that “[t]he Clerk of Court be directed to close this case.” (ECF No. 28, p. 11). The parties were provided an opportunity to file objections to the findings and recommendations. The deadline to file objections has passed, and neither party has filed objections or otherwise responded to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and proper analysis. 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 3 The findings and recommendations issued by Magistrate Judge Erica P. Grosjean on March 8, 2021 (Doc. No. 28), are ADOPTED IN FULL; 4 2. Defendants’ motion to dismiss (ECF No. 21) is GRANTED; 5 3. This action is dismissed for failure to state a claim; and 6 4. The Clerk of Court is directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: April 16, 2021 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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