(PC) Smith v. Richardson et al, No. 2:2019cv01605 - Document 13 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 7/30/2021 ADOPTING in FULL 12 Findings and Recommendations. The first amended complaint is DISMISSED without leave to amend for failure to state a claim. The Clerk of Court is directed to close the case. CASE CLOSED(Reader, L)

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(PC) Smith v. Richardson et al Doc. 13 Case 2:19-cv-01605-TLN-AC Document 13 Filed 08/02/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH E. SMITH, 12 13 14 No. 2:19-cv-01605-TLN-AC Plaintiff, ORDER v. S. RICHARDSON, 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 June 10, 2021, the magistrate judge filed findings and recommendations herein which 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 twenty-one days. (ECF No. 12.) Plaintiff has not 23 filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed June 10, 2021 (ECF No. 12) are ADOPTED IN FULL; and 1 Dockets.Justia.com Case 2:19-cv-01605-TLN-AC Document 13 Filed 08/02/21 Page 2 of 2 1 2 3 4 2. The first amended complaint is DISMISSED without leave to amend for failure to state a claim. 3. The Clerk of Court is directed to close the case. DATED: July 30, 2021 5 6 7 8 Troy L. Nunley United States District Judge 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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