(PC) Lester v. Unknown, No. 2:2021cv00702 - Document 13 (E.D. Cal. 2021)
Court Description: ORDER signed by Senior Judge William B. Shubb on 7/8/2021 ADOPTING in FULL 11 Findings and Recommendations. This action is DISMISSED with prejudice because the deficiencies in the complaint cannot be cured. DENYING as MOOT 6 motion for leave to file an abstract of judgment reflecting his criminal conviction, because this action is dismissed with prejudice, and the Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED(Reader, L)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD LESTER, 12 Plaintiff, 13 14 No. 2:21-CV-0702-WBS-DMC-P v. ORDER UNKNOWN, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge under Eastern District 19 of California local rules. 20 On June 15, 2021, the Magistrate Judge filed findings and recommendations which 21 were served on the parties and which contained notice that the parties may file objections within 22 the time specified therein. ECF No. 11. The Magistrate Judge recommended dismissing Plaintiff’s 23 complaint with prejudice because deficiencies identified in the complaint could not be cured with 24 amendment. Id. Plaintiff has not filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and the Magistrate Judge’s analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 adopted in full; 4 5 The findings and recommendations (ECF No. 11) filed June 15, 2021, are 2. This action is dismissed with prejudice because the deficiencies in the complaint cannot be cured; 6 3. Plaintiff’s motion for leave to file an abstract of judgment reflecting his 7 criminal conviction (ECF No. 6) is DENIED as moot because this action is dismissed with 8 prejudice; and 9 10 4. The Clerk of the Court is directed to enter judgment and close this file. Dated: July 8, 2021 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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