(PC) Fisher v. Galyen et al, No. 2:2022cv01965 - Document 8 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Dale A. Drozd on 5/17/23 ADOPTING in full 7 Findings and Recommendations and DISMISSING plaintiff's complaint as duplicative. Plaintiff's 2 motion to proceed in forma pauperis is DENIED as MOOT. 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 AL GENE FISHER, JR., 12 Plaintiff, 13 14 No. 2:22-cv-01965-DAD-DB (PC) v. T. GALYEN, et al., 15 Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION AS DUPLICATIVE (Doc. No. 7) 16 17 Plaintiff Al Gene Fisher, Jr. is a state prisoner proceeding pro se in this civil rights action 18 19 brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 16, 2023, the assigned magistrate judge issued findings and recommendations 21 22 recommending that the complaint be dismissed as duplicative of Fisher v. Galyen et al., No. 2:22- 23 cv-01952-JDP, and that plaintiff’s motion to proceed in forma pauperis be denied as moot. (Doc. 24 No. 7.) The pending findings and recommendations were served on plaintiff and contained notice 25 that any objections thereto were to be filed within twenty (20) days after service. (Id. at 6.) To 26 date, no objections to the findings and recommendations have been filed, and the time in which to 27 do so has now passed. 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, the court concludes that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly: 5 1. 6 The findings and recommendations issued on March 16, 2023 (Doc. No. 7) are adopted in full; 7 2. Plaintiff’s complaint (Doc. No. 1) is dismissed as duplicative; 8 3. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied as moot; 9 and 10 4. 11 IT IS SO ORDERED. 12 Dated: The Clerk of the Court is directed to close this case. May 17, 2023 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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