Demetrio A. Quintero II v. Merced Unified School District, No. 1:2020cv01439 - Document 10 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 8 Findings and Recommendations, signed by District Judge Dale A. Drozd on 12/16/2021. CASE CLOSED. (Maldonado, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 Plaintiff, 12 13 14 No. 1:20-cv-01439-NONE-BAM DEMETRIO QUINTERO, II, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. No. 8) MERCED UNIFIED SCHOOL DISTRICT, Defendant. 15 16 17 Plaintiff Demetrio Quintero, II, proceeding pro se and in forma pauperis, filed the 18 complaint initiating this civil-rights action on October 9, 2020. (Doc. No. 1.) The case currently 19 proceeds on plaintiff’s first amended complaint against defendant Merced Unified School District 20 and eight named Doe defendants in connection with an investigation that led to plaintiff’s 21 dismissal from his position as the girls’ basketball coach. (Doc. No. 7.) This matter was referred 22 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On October 27, 2021, the assigned magistrate judge issued findings and recommendations 24 recommending that this action be dismissed, without prejudice, due to plaintiff’s failure to state a 25 claim upon which relief may be granted. (Doc. No. 8.) Those findings and recommendations 26 were served on plaintiff and contained notice that any objections thereto were to be filed within 27 fourteen days. (Id. at 10.) The deadline to file objection has now passed, and no objections were 28 filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly, 5 1. 6 The findings and recommendations issued on October 27, 2021, (Doc. No. 8), are adopted in full; 7 2. This action is dismissed, without prejudice; and 8 3. The Clerk of the Court is respectfully directed to assign a district judge for 9 10 11 12 purposes of closure and to close this case. IT IS SO ORDERED. Dated: December 16, 2021 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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