(PC)Cooper v. Shell et al, No. 2:2020cv01014 - Document 12 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge John A. Mendez on 9/8/2020 ADOPTING 7 Findings and Recommendations in full, DISMISSING without prejudice Plaintiff's complaint, and TERMINATING this action. Plaintiff's 11 request for appointment of counsel is DENIED. CASE CLOSED. (York, M)
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(PC)Cooper v. Shell et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN M. COOPER, 12 Plaintiff, 13 14 No. 2:20-cv-1014 JAM KJN P v. ORDER CORY SHELL, 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 May 26, 2020, 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 thirty days. Plaintiff filed objections to the findings 23 and recommendations, and included a request for appointment of counsel. 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 May 26, 2020, are adopted in full; 3 2. Plaintiff’s complaint is dismissed without prejudice, and this action is terminated; and 4 3. Plaintiff’s request for appointment of counsel (ECF No. 11) is denied. 5 6 7 8 DATED: September 8, 2020 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2