(PC) Cox v. Kernan et al, No. 2:2019cv01637 - Document 34 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 11/22/2021 ADOPTING IN FULL 30 Findings and Recommendations and GRANTING 21 Motion to Dismiss. CASE CLOSED. (Rodriguez, E)

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(PC) Cox v. Kernan et al Doc. 34 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST LEE COX, 12 Plaintiff, 13 14 No. 2:19-cv-1637 JAM DB P v. ORDER SCOTT KERNAN, 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 August 26, 2021, 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 days. (ECF No. 30.) Plaintiff 23 filed objections to the findings and recommendations. (ECF No. 31.) Defendants filed a 24 response to plaintiff’s objections (ECF No. 32) and plaintiff filed a reply to defendants’ response 25 (ECF No. 33). In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 27 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 //// 1 Dockets.Justia.com 1 court finds the findings and recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 26, 2021 (ECF No. 30), are 5 ADOPTED in full; 6 2. Defendant’s motion to dismiss (ECF No. 21) is GRANTED; and 7 3. The Clerk of Court is DIRECTED to close this case. 8 9 10 Dated: November 22, 2021 11 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 /cox1637.805 18 19 20 21 22 23 24 25 26 27 28 2

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