(PC) Brady v. Jones et al, No. 2:2021cv00489 - Document 23 (E.D. Cal. 2021)
Court Description: ORDER signed by District Judge Troy L. Nunley on 8/4/2021 ADOPTING 20 Findings and Recommendations in full. The First Amended Complaint is DISMISSED without leave to amend for failure to state a claim upon which relief may be granted. The Clerk of the Court is directed to close this case. CASE CLOSED. (Zignago, K.)
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(PC) Brady v. Jones et al Doc. 23 Case 2:21-cv-00489-TLN-AC Document 23 Filed 08/06/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK BRADY, 12 Plaintiff, 13 14 No. 2:21-cv-00489-TLN-AC ORDER v. SCOTT JONES, et al., 15 Defendant. 16 Plaintiff Patrick Brady (“Plaintiff”), a pretrial detainee proceeding pro se, has filed this 17 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 24, 2021, the magistrate judge issued findings and recommendations herein 20 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 fourteen days. (ECF No. 20.) On July 8, 23 2021, Plaintiff filed objections to the findings and recommendations. (ECF No. 21.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 25 Court has conducted a de novo review of this case. See McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 27 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). Having reviewed the file under the 28 /// 1 Dockets.Justia.com Case 2:21-cv-00489-TLN-AC Document 23 Filed 08/06/21 Page 2 of 2 1 applicable legal standards, the Court finds the Findings and Recommendations to be supported by 2 the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations issued June 24, 2021 (ECF No. 20), are 5 6 7 ADOPTED IN FULL, 2. The First Amended Complaint is DISMISSED pursuant to 28 U.S.C. § 1915A(a), without leave to amend for failure to state a claim upon which relief may be granted, and 8 3. The Clerk of the Court is directed to close this case. 9 IT IS SO ORDERED. 10 11 DATED: August 4, 2021 12 13 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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