(PC)Ramirez v. Khale, No. 1:2021cv01237 - Document 17 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 15 Findings and Recommendations in Full; ORDER DISMISSING Action, without Prejudice to Filing a Petition for Writ of Habeas Corpus; ORDER for Clerk to CLOSE CASE signed by Magistrate Judge Gary S. Austin on 10/26/2021. CASE CLOSED. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISRAEL MALDONADO RAMIREZ, 12 Plaintiff, 13 vs. 14 KHALE, 15 No. 1:21-cv-01237-NONE-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (Doc. No. 15.) ORDER DISMISSING ACTION, WITHOUT PREJUDICE TO FILING A PETITION FOR WRIT OF HABEAS CORPUS Defendant. 16 ORDER FOR CLERK TO CLOSE CASE 17 18 19 20 Plaintiff, Israel Maldonado Ramirez, is a state prisoner proceeding pro se in this civil 21 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 22 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On October 4, 2021, findings and recommendations were entered, recommending that 24 this case be dismissed as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and Edwards v. 25 Balisok, 520 U.S. 641 (1997). 26 to the findings and recommendations. (Doc. No. 16.) 27 28 (Doc. No. 15.) On October 18, 2021, plaintiff filed objections In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 including plaintiff’s objections, which do not address materially the magistrate judge’s 2 reasoning, the court finds the findings and recommendations to be supported by the record and 3 proper analysis. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. 6 7 are adopted in full; 2. 8 9 The findings and recommendations issued on October 4, 2021, (Doc. No. 15), This case is dismissed, without prejudice to plaintiff filing a petition for writ of habeas corpus; and 3. The clerk is directed to close this case. 10 11 12 IT IS SO ORDERED. Dated: October 26, 2021 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.