(PC) David E. Mackey v. Moore et al, No. 1:2021cv00607 - Document 12 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 11 Findings and Recommendations, and Dismissing Case for Lack of Subject-Matter Jurisdiction, signed by District Judge Anthony W. Ishii on 12/20/2021. CASE CLOSED. (Maldonado, C)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 DAVID ERNESTO MACKEY, 7 CASE NO. 1:21-cv-00607-AWI-GSA (PC) Plaintiff, 8 v. 9 MOORE, et al., 10 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CASE FOR LACK OF SUBJECT-MATTER JURISDICTION Defendants. (Doc. No. 11) 11 12 13 Plaintiff David Ernesto Mackey is a civil detainee proceeding pro se and in forma pauperis 14 with this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States 15 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). 16 On November 22, 2021, the assigned magistrate judge issued findings and 17 recommendations, recommending that this case be dismissed based on lack of subject-matter 18 jurisdiction. Doc. No. 11. The pending findings and recommendations were served on Plaintiff 19 and contained notice that any objections thereto were to be filed within fourteen days from the 20 date of service. Id. To date, no objections to the findings and recommendations have been filed, 21 and the time in which to do so has now passed. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 23 de novo review of this case. Having carefully reviewed the entire file, the Court concludes that 24 the findings and recommendations are supported by the record and by proper analysis. 25 26 ORDER 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The findings and recommendations (Doc. No. 11) that were issued on November 1 2 22, 2021, are ADOPTED in full; 2. 3 4 This case is DISMISSED, with prejudice, for lack of subject-matter jurisdiction; and 3. The Clerk is directed to CLOSE this case. 5 6 IT IS SO ORDERED. 7 Dated: December 20, 2021 SENIOR DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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