(PC) Kusalich v. Perez et al, No. 2:2020cv01863 - Document 65 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 12/1/2023 ADOPTING 54 Findings and Recommendations in full, GRANTING 40 Motion to Dismiss, DISMISSING Plaintiff's claims against Defendant Dudley without leave to amend, TERMINATING Dudley as a Defendant, and REFERRING this matter back to the assigned Magistrate judge for further pretrial-proceedings. (Clemente Licea, O)

Download PDF
(PC) Kusalich v. Perez et al Doc. 65 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS KUSALICH, 12 Plaintiff, 13 14 No. 2:20-CV-1863-DJC-DMC-P v. ORDER PEREZ, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 17 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 19 to Eastern District of California local rules. On July 14, 2023, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties 22 may file objections within the time specified therein. Timely objections to the findings 23 and recommendations have been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 304(f), this Court has conducted a de novo review of this case. Having carefully 26 reviewed the entire file, the Court finds the findings and recommendations to be 27 supported by the record and by proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 14, 2023, are adopted in 4 2. Defendant Dudley’s motion to dismiss, ECF No. 40, is GRANTED. 5 3. Plaintiff’s claims against Defendant Dudley are DISMISSED without leave 3 6 7 8 9 10 full. to amend. 4. The Clerk of the Court is directed to terminate Dudley as a defendant to this action. 5. This matter is referred back to the assigned Magistrate Judge for further pre-trial proceedings. 11 12 13 14 IT IS SO ORDERED. Dated: December 1, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.