(PC) Ferguson v. Sherman et al, No. 1:2021cv00116 - Document 13 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 7 Findings and Recommendations and DISMISSING Complaint signed by District Judge Anthony W. Ishii on 7/19/2021. CASE CLOSED. (Sant Agata, S)
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(PC) Ferguson v. Sherman et al Doc. 13 Case 1:21-cv-00116-AWI-EPG Document 13 Filed 07/19/21 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 RAFAEL FERGUSON 8 Plaintiff, 9 10 v. S. SHERMAN, et al., 11 Case No. 1:21-cv-00116-AWI-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING COMPLAINT (Doc. No. 7) Defendant. 12 13 Plaintiff Rafael Ferguson is a state prisoner proceeding pro se and in forma pauperis in 14 15 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 16 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local 17 Rule 302. 18 On March 2, 2021, the assigned magistrate judge entered findings and recommendations, 19 recommending that “[t]his action be dismissed with prejudice,” and that “[t]he Clerk of Court be 20 directed to close this case.” Doc. No. 7 at 8. Plaintiff was provided an opportunity to file 21 objections to the findings and recommendations. Plaintiff filed his objections on July 7, 2021. 22 Doc. No. 12. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 23 24 de novo review of the case. Having carefully reviewed the entire file, including Plaintiff’s 25 objections, the Court concludes that the magistrate judge’s findings and recommendations are 26 supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com Case 1:21-cv-00116-AWI-EPG Document 13 Filed 07/19/21 Page 2 of 2 ORDER 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 The findings and recommendations (Doc. No. 7) issued on March 2, 2021, are ADOPTED in full; 5 2. Plaintiff’s complaint (Doc. No. 1) is DISMISSED with prejudice; and 6 3. The Clerk of Court shall CLOSE this case. 7 8 9 IT IS SO ORDERED. Dated: July 19, 2021 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2