John E. Colbert v. Beard et al

Filing 14

ORDER ADOPTING 13 Findings and Recommendations, signed by District Judge Dale A. Drozd on 10/21/19. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN E. COLBERT,

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Plaintiff,

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No. 1:17-cv-00445-DAD-GSA (PC)

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

JEFFREY A. BEARD, et al.,
(Doc. No. 13)

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Defendants.

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Plaintiff John E. Colbert is a state prisoner proceeding pro se and in forma pauperis with

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

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 28, 2019, the assigned magistrate judge screened plaintiff’s first amended

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complaint and issued findings and recommendations recommending that plaintiff’s motion for

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appointment of counsel be denied and that this action be dismissed due to plaintiff’s failure to

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state a claim upon which relief may be granted under § 1983. (Doc. No. 13.) Those findings and

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recommendations were served on plaintiff and contained notice that any objections thereto were

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to be filed within fourteen days after service. (Id. at 10.) To date, no objections have been filed,

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and the time in which to do so has now passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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1. The findings and recommendations issued on June 28, 2019 (Doc. No. 13) are adopted

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in full;

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2. Plaintiff’s motion for appointment of counsel is denied;

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3. This action is dismissed, with prejudice, due to plaintiff’s failure to state a claim upon

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which relief may be granted; and
4. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated:

October 21, 2019
UNITED STATES DISTRICT JUDGE

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