(PC) Wren v. Mule Creek Prison et al, No. 2:2021cv00903 - Document 46 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Dale A. Drozd on 9/6/22 ADOPTING in full 44 Findings and Recommendations and DISMISSING 39 plaintiff's fourth amended complaint without leave to amend as frivolous and for failure to state a claim upon which relief may be granted. CASE CLOSED (Kastilahn, 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 JEFFREY CHARLES WREN 12 Plaintiff, 13 14 No. 2:21-cv-00903-DAD-KJN (PC) v. WARDEN MULE CREEK PRISON, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING FOURTH AMENDED COMPLAINT WITH PREJUDICE Defendants. (Doc. No. 44) 16 17 Plaintiff Jeffrey Charles Wren is a state prisoner proceeding pro se and in forma pauperis 18 19 in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) Local Rule 302. On September 16, 2021, the assigned magistrate judge issued findings and 21 22 recommendations, recommending that plaintiff’s fourth amended complaint be dismissed without 23 leave to amend as frivolous and for failure to state a claim upon which relief may be granted. 24 (Doc. No. 44.) The findings and recommendations were served on plaintiff and contained notice 25 that any objections thereto were to be filed within fourteen (14) days of service. (Id. at 6–7.) No 26 objections have been filed and the time to do so has since passed. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, court finds the findings and 3 recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. 6 7 The findings and recommendations issued on September 16, 2021 (Doc. No. 44) are adopted in full; 2. Plaintiff’s fourth amended complaint (Doc. No. 39) is dismissed without leave to 8 amend as frivolous and for failure to state a claim upon which relief may be 9 granted; 10 3. 11 IT IS SO ORDERED. 12 13 Dated: The Clerk of Court is directed to close this action. September 6, 2022 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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