Williams v. Santiago

Filing 25

ORDER ADOPTING 24 Findings & Recommendations, DISMISSING Action for Failure to State a Claim, signed by District Judge Dale A. Drozd on 11/19/2019. Case Closed. (Orozco, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL B. WILLIAMS,

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Plaintiff,

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v.
JESSICA SANTIAGO, Unit Supervisor at
Coalinga State Hospital,
Defendant.

No. 1:16-cv-01065-DAD-JDP (PC)

ORDER ADOPTING FINDINGS &
RECOMMENDATIONS, DISMISSING
ACTION FOR FAILURE TO STATE A
CLAIM
(Doc. Nos. 22, 24)

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Plaintiff Michael B. Williams is a civil detainee proceeding pro se and in forma pauperis

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in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 6, 2019, the assigned magistrate judge issued findings and recommendations,

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recommending that plaintiff’s case be dismissed due to plaintiff’s failure to state a claim in his

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third amended complaint. (Doc. No. 24.) The findings and recommendations were served by

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mail upon plaintiff at his address of record and contained notice that any objections thereto were

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to be filed within fourteen (14) days of service. (Id. at 3.) The mail directed to plaintiff was

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returned to the court as undeliverable on March 15, 2019. Any notice of change of address to be

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filed by plaintiff was therefore due no later than May 23, 2019. Plaintiff has failed to file a notice

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of change of address or any objections to the findings and recommendations, and the time in
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which to do so has now long since passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly,

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1.

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adopted in full;
2.

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The findings and recommendations issued on March 6, 2019, (Doc. No. 24), are

Plaintiff’s action is dismissed with prejudice due to plaintiff’s failure to state a
claim; and

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The Clerk of Court is directed to close this case.

IT IS SO ORDERED.
Dated:

November 19, 2019
UNITED STATES DISTRICT JUDGE

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