(PS) Duerst v. Superior Court of California County of Placer, No. 2:2018cv02869 - Document 7 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Troy L. Nunley on 2/4/2019 ADOPTED in FULL 5 Findings and Recommendations. GRANTING 4] Motion to Proceed IFP, but the Complaint is DISMISSED with prejudice because it fails to state a claim upon which relief can be granted and because it brings claims against an immune defendant. CASE CLOSED(Reader, L)

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(PS) Duerst v. Superior Court of California County of Placer Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN J. DUERST, 12 Plaintiff, 13 14 15 No. 2:18-cv-02869-TLN-AC v. ORDER SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER, Defendant. 16 17 Plaintiff is proceeding in this action in pro per. The matter was referred to a United States 18 19 Magistrate Judge pursuant to Local Rule 302(c)(21). On December 3, 2018, 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 twenty-one days. (ECF No. 5.) 23 Plaintiff has filed objections to the findings and recommendations. (ECF No. 6.) 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 December 3, 2018, (ECF No. 5) are adopted 3 4 in full; and 2. Plaintiff’s request to proceed in forma pauperis (ECF No. 4) is GRANTED but the 5 complaint (ECF No. 1) is DISMISSED with prejudice because it fails to state a claim upon which 6 relief can be granted and because it brings claims against an immune defendant. 7 8 Dated: February 4, 2019 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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