Hernandez v. Olmos et al
Filing
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ORDER ADOPTING 27 FINDINGS AND RECOMMENDATIONS and Dismissing Action without Leave to Amend signed by District Judge Lawrence J. O'Neill on 12/02/2013. CASE CLOSED. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NESTOR DANIEL HERNANDEZ,
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Plaintiff,
v.
OLMOS, et al.,
Case No. 1:11-cv-01495 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION WITHOUT LEAVE TO AMEND
(Document 27)
Defendants.
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Plaintiff Nestor Daniel Hernandez (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action filed on September 7, 2011. On March 4, 2013, Plaintiff
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filed his First Amended Complaint. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 18, 2013, the Magistrate Judge issued Findings and Recommendations that this
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action be dismissed for Plaintiff’s failure to state a claim. The Findings and Recommendations were
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served on Plaintiff and contained notice that any objections were to be filed within thirty days. Over
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thirty days have passed and Plaintiff has not filed objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds that the Findings
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and Recommendations are supported by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, filed October 18, 2013, are ADOPTED in full;
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This action is DISMISSED WITHOUT LEAVE TO AMEND for Plaintiff’s failure to
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state a claim for which relief may be granted.
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This terminates this action in its entirety.
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IT IS SO ORDERED.
Dated:
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/s/ Lawrence J. O’Neill
December 2, 2013
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
b9ed48bb
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