Lupercio v. Mendoza, No. 1:2021cv00580 - Document 7 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 6 Findings and Recommendations and Dismissing Case, signed by District Judge Dale A. Drozd on 08/03/2021. CASE CLOSED. (Maldonado, C)
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Lupercio v. Mendoza Doc. 7 Case 1:21-cv-00580-DAD-HBK Document 7 Filed 08/03/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAMON NAVARRO LUPERCIO, 12 Plaintiff, 13 14 No. 1:21-cv-00580-DAD-HBK v. MACARIO MENDOZA, 15 Defendant. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION (Doc. No. 6) 16 Plaintiff Ramon Navarro Lupercio is a former state prisoner proceeding pro se and in 17 18 forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. On July 12, 2021, the assigned magistrate judge screened plaintiff’s complaint and issued 21 22 findings and recommendations recommending that this action be dismissed due to plaintiff’s 23 failure to state a cognizable claim upon which relief may be granted. (Doc. No. 6.) Those 24 pending findings and recommendations were served on plaintiff and contained notice that any 25 objections thereto were to be filed within fourteen (14) days after service. (Id. at 5.) To date, no 26 objections to the pending findings and recommendations have been filed, and the time in which to 27 do so has now passed. 28 ///// 1 Dockets.Justia.com Case 1:21-cv-00580-DAD-HBK Document 7 Filed 08/03/21 Page 2 of 2 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 July 12, 2021 (Doc. No. 6) are adopted in full; 7 2. This action is dismissed due to plaintiff’s failure to state a claim; and 8 3. The Clerk of the Court is directed to close this case. 9 10 IT IS SO ORDERED. Dated: August 3, 2021 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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