(PC) Gleason v. Lynch et al, No. 2:2020cv01971 - Document 21 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 5/20/2021 ORDERING that the 4/14/2021 Order (ECF No. 18 ) adopting in full the findings and recommendations and dismissing the First Amended Complaint without further leave to amend is CONFIRMED. (Becknal, R)

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(PC) Gleason v. Lynch et al Doc. 21 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 STANLEY GLEASON, 11 12 13 14 No. 2:20-cv-01971-TLN-EFB Plaintiff, ORDER v. JEFF LYNCH, et al., Defendants. 15 16 Plaintiff Stanley Gleason (“Plaintiff”), a state prisoner proceeding pro se, has filed this 17 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On February 18, 2021, the magistrate judge filed findings and recommendations herein 20 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 21 findings and recommendations were to be filed within fourteen days. (ECF No. 17.) Plaintiff did 22 not file timely objections to the findings and recommendations. On April 14, 2021, the Court 23 adopted the findings and recommendations and dismissed the First Amended Complaint without 24 further leave to amend. (ECF No. 18.) The case was accordingly closed. 25 On April 23, 2021, Plaintiff’s belated objections to the findings and recommendations 26 were filed. (ECF No. 20.) In an abundance of caution, the Court will reconsider the April 14, 27 2021 Order adopting the findings and recommendations in light of Plaintiff’s objections. See 28 Fed. R. Civ. P. 59(e) and 60(b). Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 Court has conducted a de novo review of this case, including Plaintiff’s objections to the findings 3 and recommendations of the magistrate judge. Having carefully reviewed the entire file, the 4 Court finds the findings and recommendations to be supported by the record and by proper 5 analysis. 6 Accordingly, IT IS HEREBY ORDERED that the April 14, 2021 Order (ECF No. 18) 7 adopting in full the findings and recommendations and dismissing the First Amended Complaint 8 without further leave to amend is CONFIRMED. 9 IT IS SO ORDERED. DATED: May 20, 2021 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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