(PC) Warner v. Stoller et al, No. 2:2016cv02143 - Document 25 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 4/23/2018 ADOPTING 21 Findings and Recommendations in FULL; This action is DISMISSED for failure to state a claim upon which relief can be granted. CASE CLOSED. (Fabillaran, J)
Download PDF
(PC) Warner v. Stoller et al Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARL WARNER, 12 Plaintiff, 13 14 No. 2:16-cv-2143 MCE CKD P v. ORDER M. STOLER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 29, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 21. Plaintiff has 23 filed objections to the findings and recommendations. ECF No. 24. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 29, 2018, ECF No. 21, are 3 4 5 ADOPTED IN FULL; and 2. This action is DISMISSED for failure to state a claim upon which relief can be granted. 6 3. The Clerk of the Court is directed to close this case. 7 IT IS SO ORDERED. 8 Dated: April 23, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2