(PC) Garces v. Pickett et al, No. 2:2017cv00319 - Document 33 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 12/10/18 ADOPTING 21 Findings and Recommendations in full. Plaintiff's property and grievance claims and defendants Barton, Schaake, Hurbert, Lopez, Briggs, and Voong are dismissed without leave to amend. (Coll, A)
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(PC) Garces v. Pickett et al Doc. 33 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS MANUEL GARCES, 12 Plaintiff, 13 14 v. No. 2:17-cv-0319 JAM AC P ORDER J. PICKETT, 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 September 28, 2018, 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. 21. Plaintiff 23 has filed objections to the findings and recommendations. ECF No. 28. 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 September 28, 2018 (ECF No. 21), are 3 4 5 adopted in full; and 2. Plaintiff’s property and grievance claims and defendants Barton, Schaake, Hurbert, Lopez, Briggs, and Voong are dismissed without leave to amend. 6 7 8 9 DATED: December 10, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2