(PC) Johnson v. Avenal State Prison et al, No. 1:2022cv00858 - Document 10 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 9 Findings and Recommendations and Dismissing Action for Frivolousness signed by District Judge Jennifer L. Thurston on 11/17/2022. CASE CLOSED. (Lawrence, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NORMAN JOHNSON, 12 Plaintiff, v. 13 14 AVENAL STATE PRISON, et al., The assigned magistrate judge issued findings and recommendations to dismiss because 17 20 21 22 the complaint is frivolous and fails to state a claim upon which relief may be granted (Doc. 9.) Consequently, the magistrate judge determined that the action must be dismissed as required by 28 U.S.C. §§ 1915(e)(2)(B)(i)–(ii) and 28 § 1915A(b)(1). The Court served the findings and recommendations on Plaintiff and provided him 14 days to file objections thereto. Plaintiff has not filed any objections, and the time do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 23 24 25 case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS: 1. The findings and recommendations issued on October 20, 2022, (Doc. 9), are adopted 26 27 28 (Doc. 9) Clerk of Court to close the case. 16 19 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FRIVOLOUSNESS Defendants. 15 18 Case No. 1:22-cv-00858-JLT-CDB (PC) in full; 2. This action is frivolous and fails to state a claim upon which relief may be granted; and 1 3. The Clerk of the Court is directed to close this case. 2 3 4 IT IS SO ORDERED. Dated: November 17, 2022 5 6 7 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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