(PS) Van den Heuvel v. Pesce et al, No. 2:2023cv00546 - Document 9 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 06/01/23 ADOPTING 3 Findings and Recommendations in full, DENYING AS MOOT 2 Motion to Proceed IFP; and DISMISSING action for lack of subject matter jurisdiction. CASE CLOSED (Benson, A.)

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(PS) Van den Heuvel v. Pesce et al Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEAN MARC VAN DEN HEUVEL, 12 Plaintiff, 13 14 No. 2:23-cv-00546-TLN-CKD ORDER v. JAMIE PESCE, et al., 15 Defendants. 16 17 18 Plaintiff is proceeding in this action pro se. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c). 19 On April 7, 2023, the magistrate judge filed findings and recommendations herein which 20 contained notice to plaintiff that any objections to the findings and recommendations were to be 21 filed within fourteen days. Plaintiff has filed objections. The Court has reviewed the file and 22 finds the findings and recommendations to be supported by the record and by the magistrate 23 judge’s analysis. 24 //// 25 //// 26 //// 27 //// 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 07, 2023, are ADOPTED IN FULL; 3 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED AS MOOT; 4 3. The action is DISMISSED for lack of subject matter jurisdiction; and 5 4. The Clerk of Court is directed to close this case. 6 DATE: June 1, 2023 7 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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