(PC) Witkin v. Thomas et al, No. 2:2022cv01310 - Document 16 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 05/15/23 ADOPTING 11 Findings and Recommendations in full. Plaintiff's First Amendment access to courts claim, and any other intended claims not found appropriate for service, are DISMISSED without leave to amend. This matter is REFERRED back to the Magistrate Judge for further pretrial proceedings.(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 MICHAEL AARON WITKIN, Plaintiff, 12 13 14 No. 2:22-cv-01310 DJC DB P v. ORDER R. THOMAS, et al., Defendants. 15 16 17 Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 30, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within thirty days. 23 Plaintiff has not filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to 25 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 26 HEREBY ORDERED that: 27 28 1. The findings and recommendations filed March 30, 2023 (ECF No. 11), are adopted in full. 1 2. Plaintiff’s First Amendment access to courts claim, and any other intended 1 2 claims not found appropriate for service, are dismissed without leave to amend. 3. This matter is referred back to the Magistrate Judge assigned to this case for 3 4 further pretrial proceedings. 5 6 IT IS SO ORDERED. 7 8 Dated: May 15, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 witk1310.800 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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