(PC) Gunn v. Olmstead et al, No. 2:2020cv02232 - Document 18 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge William B. Shubb on 12/20/21 ADOPTING 16 Findings and Recommendations in full DISMISSING plaintiff's state court tort claims and all claims against defendants Gardner, Olmstead, and Stanton Correctional Facility without prejudice; REFERRING matter back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AUMINTRIUS DAMOUR GUNN, 12 Plaintiff, 13 14 No. 2:20-cv-2232 WBS AC P v. ORDER R. OLMSTEAD, et al., 15 Defendants. 16 Plaintiff, a former county prisoner proceeding pro se, has filed this civil rights action 17 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 10, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. ECF No. 16. Plaintiff 23 has not filed objections to the findings and recommendations [as of December 13, 2021]. 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: 1. The findings and recommendations filed November 10, 2021, ECF No. 16, are adopted 27 28 in full. 1 1 2. For the reason set forth in the August 9, 2021 Screening Order (ECF No. 13), 2 plaintiff’s state court tort claims and all claims against defendants Gardner, Olmstead, and 3 Stanton Correctional Facility are dismissed without prejudice. 4 3. This matter is referred back to the assigned magistrate judge for all further pretrial 5 proceedings. 6 Dated: December 20, 2021 7 8 9 10 11 12 Gunn2232.800 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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