(PC) Muhammad v. Kesterson et al, No. 2:2018cv02775 - Document 14 (E.D. Cal. 2020)

Court Description: ORDER signed by Senior Judge William B. Shubb on 10/14/2020 ADOPTING 12 Findings and Recommendations in full and DISMISSING this action without prejudice because it is duplicative of plaintiff's related case, Muhammad v. Seibel et al., Case No. 2:18-cv-2831 WBS AC P, which proceeds on a Second Amended Complaint. CASE CLOSED. (Huang, H)
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(PC) Muhammad v. Kesterson et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KWESI MUHAMMAD, 12 Plaintiff, 13 14 No. 2:18-cv-2775 WBS AC P v. ORDER KATHERYN KESTERSON, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, pursues this civil rights action seeking relief 17 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 September 24, 2020, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. ECF No. 12. Plaintiff 23 has filed objections to the findings and recommendations. ECF No. 13. 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 24, 2020, are adopted in full; and 3 2. This action is dismissed without prejudice because duplicative of plaintiff’s related 4 case, Muhammad v. Seibel et al., Case No. 2:18-cv-2831 WBS AC P, which proceeds on a 5 Second Amended Complaint. 6 Dated: October 14, 2020 7 8 9 10 11 12 muha2775.805 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2