(PC) Nelson v. Allison et al, No. 2:2021cv02150 - Document 48 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 12/12/23 ADOPTING 42 Findings and Recommendations in full and GRANTING 34 Motion for Judgment. This action is DISMISSED. CASE CLOSED (Licea Chavez, V)

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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 JAMES DENERICK NELSON, JR., 12 No. 2:21-cv-02150-DAD-DB (PC) Plaintiff, 13 v. 14 KATHLEEN ALLISON, et al., 15 Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS (Doc. Nos. 34, 42) 16 Plaintiff James Denerick Nelson, Jr. is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action 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 July 10, 2023, the assigned magistrate judge issued findings and recommendations 20 21 recommending that defendant’s motion for judgment on the pleadings (Doc. No. 34) be granted 22 because “plaintiff’s allegation that defendant’s failure to announce Wiccan group worship on one 23 occasion, is not sufficient to show a substantial burden on his right to free exercise of religion.” 24 (Doc. No. 42 at 5.) The magistrate judge recommended that plaintiff’s complaint, in which 25 plaintiff asserts only that defendant violated his right to free exercise of religion, be dismissed 26 without leave to amend. (Id. at 1, 3–6.) The pending findings and recommendations were served 27 on the parties and contained notice that any objections thereto were to be filed within twenty-one 28 ///// 1 1 (21) days after service. (Id. at 7–8.) No objections to the findings and recommendations have 2 been filed, and the time in which to do so has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, the 4 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 5 court concludes that the findings and recommendations are supported by the record and proper 6 analysis. 7 Accordingly: 8 1. 9 The findings and recommendations issued on July 10, 2023 (Doc. No. 34) are adopted in full; 10 2. Defendant’s motion for judgment on the pleadings (Doc. No. 42) is granted; 11 3. This action is dismissed; and 12 4. The Clerk of the Court is directed to close this case. 13 IT IS SO ORDERED. 14 Dated: December 12, 2023 DALE A. DROZD UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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