(PS) Sherrell v. State of California et al, No. 2:2022cv00275 - Document 5 (E.D. Cal. 2022)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 6/28/2022 ADOPTING in FULL 3 Findings and Recommendations. The action is DISMISSED with prejudice for failure to state a claim. DENYING as MOOT 2 motion to proceed in forma pauperis, and the Clerk of Court is directed to close this case. CASE CLOSED(Reader, L)
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(PS) Sherrell v. State of California et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS PAUL SHERRELL, JR., 12 Plaintiff, 13 14 No. 2:22–cv–0275–KJM–KJN PS ORDER (ECF Nos. 2, 3) v. STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 On April 18, 2022, the magistrate judge filed findings and recommendations (ECF No. 3), 18 which were served on plaintiff and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen (14) days. On May 9, 2022, plaintiff filed 20 untimely objections to the findings and recommendations (ECF No. 4), which nevertheless have 21 been considered by the court. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 23 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 24 findings and recommendations to be supported by the record and by the proper analysis. 25 The court has reviewed the applicable legal standards and, good cause appearing, 26 concludes that it is appropriate to adopt the findings and recommendations in full. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 3) are ADOPTED IN FULL; 3 2. The action is DISMISSED with prejudice for failure to state a claim, pursuant to 4 28 U.S.C. § 1915(e)(2); 5 3. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED AS MOOT; and 6 4. The Clerk of Court is directed to CLOSE this case. 7 DATED: June 28, 2022. 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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