(PC) Thornberry v. Mohyuddin, No. 2:2018cv00094 - Document 48 (E.D. Cal. 2019)
Court Description: ORDER signed by Senior Judge William B. Shubb on 10/8/19 ADOPTING 45 Findings and Recommendations in full. DISMISSING Plaintiff's second amended Complaint 42 ) without leave to amend for failure to state a cognizable claim; CASE CLOSED. (Mena-Sanchez, L)
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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 DANIEL LEE THORNBERRY, 12 Plaintiff, 13 14 No. 2:18-cv-0094-WBS-EFB P v. ORDER JAMES CHAU, 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 July 23, 2019, 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. Despite an extension of time, 23 plaintiff has not filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed July 23, 2019, are adopted in full; 27 28 ///// 1 1 2 3 4 2. Plaintiff’s second amended complaint (ECF No. 42) is DISMISSED without leave to amend for failure to state a cognizable claim; and 3. The Clerk is directed to close the case. Dated: October 8, 2019 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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