(PC) O'Neill v. State of California et al, No. 2:2017cv00212 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 1/18/18 adopting 11 FINDINGS AND RECOMMENDATIONS: The complaint is dismissed without leave to amend for failure to state a claim. (Kaminski, H)

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(PC) O'Neill v. State of California et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NEAL O’NEILL, 12 13 14 No. 2:17-cv-0212 JAM AC P Plaintiff, v. ORDER STATE OF CALIFONRIA, 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. 20 On October 2, 2017, the magistrate judge filed findings and recommendations herein 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 twenty-one days. ECF No. 11. After 23 plaintiff filed a notice of change of address in another case, the findings and recommendations 24 were re-served on November 9, 2017. Plaintiff has not filed objections to the findings and 25 recommendations. 26 The court has reviewed the file and finds the findings and recommendations to be 27 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 28 ORDERED that: 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed October 2, 2017 (ECF No. 11), are adopted in full; and 3 2. The complaint is dismissed without leave to amend for failure to state a claim. 4 IT IS SO ORDERED. 5 DATED: January 18, 2018 6 /s/ John A. Mendez_________________________ 7 UNITED STATES DISTRICT COURT 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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