(PS)Fitten v. Whitley, No. 2:2021cv00513 - Document 19 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/18/21 ADOPTING in full 18 Findings and Recommendations and GRANTING 6 defendant's motion to dismiss. This case is DISMISSED without leave to amend because it is time-barred. CASE CLOSED(Kastilahn, A)

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(PS)Fitten v. Whitley Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN M. FITTEN, 12 Plaintiff, 13 14 No. 2:21-cv-00513-TLN-AC ORDER v. JOHN E. WHITLEY, 15 Defendant. 16 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a 17 18 United States Magistrate Judge pursuant to Local Rule 302(c)(21). On October 13, 2021, the magistrate judge filed findings and recommendations herein 19 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. (ECF No. 18.) 22 Neither party has filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 1. The findings and recommendations filed October 13, 2021, are adopted in full; and 26 27 /// 28 /// 1 Dockets.Justia.com 1 2. Defendant’s Motion to Dismiss (ECF No. 6) is GRANTED and this case is dismissed 2 without leave to amend because it is time-barred. 3 DATED: November 18, 2021 4 5 6 7 Troy L. Nunley United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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