(PC) Cole v. Reames et al., No. 2:2016cv02570 - Document 22 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 7/2/2018 FINDINGS AND RECOMMENDATIONS 20 are ADOPTED in FULL; and Plaintiff's first amended complaint is DISMISSED for failing to state a claim upon which relief can be granted. (Reader, L)
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(PC) Cole v. Reames et al. Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WALTER L. COLE, 12 Plaintiff, 13 14 No. 2:16-cv-2570 JAM CKD P v. ORDER D. REAMES, et al., 15 Defendant. 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 May 7, 2018, the magistrate judge filed findings and recommendations herein which 20 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the 23 findings and recommendations. 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 May 7, 2018, are adopted in full; and 3 2. Plaintiff’s first amended complaint is dismissed for failing to state a claim upon which 4 relief can be granted. 5 6 7 8 DATED: July 2, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2