Hernandez v. Holt et al, No. 1:2020cv01127 - Document 23 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 22 Findings and Recommendations ; ORDERED First Amended Complaint is DIMISSED without leave to amend for failure to state a claim,signed by District Judge Anthony W. Ishii on 05/18/2021. CASE CLOSED(Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ERNIE HERNANDEZ, III, Plaintiff, 11 12 v. 13 A. HOLT, et al., 14 Case No. 1:20-cv-01127-AWI-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION WITHOUT LEAVE TO AMEND FOR FAILURE TO STATE A CLAIM (ECF Nos. 21, 22) Defendants. 15 16 Ernie Hernandez, III (“Plaintiff”), a state prisoner, is appearing pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a first amended 18 complaint on February 26, 2021 that was referred to a United States magistrate judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 3, 2021, the magistrate judge filed a findings and recommendations 21 recommending that Plaintiff’s first amended complaint be dismissed without leave to amend for 22 failure to state a claim and this action be dismissed. (ECF No. 22.) The findings and 23 recommendations was served on Plaintiff and contained notice that any objections to the findings 24 and recommendations were to be filed within thirty days from the date of service. The period for 25 filing objections has passed and no objections have been filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the court finds the 28 findings and recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed March 3, 2021, is ADOPTED IN FULL; 3 2. Plaintiff’s first amended complaint, filed February 26, 2021, is DISMISSED WITHOUT LEAVE TO AMEND for failure to state a claim; 4 5 3. This action is DISMISSED for Plaintiff’s failure to state a claim; and 6 4. The Clerk of the Court is DIRECTED to close this matter. 7 8 IT IS SO ORDERED. 9 Dated: May 18, 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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