Burghardt v. Borges, et al.
Filing
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ORDER ADOPTING 32 Findings and Recommendations in Full; ORDER DISMISSING Case, with Prejudice, for Failure to State a Claim; ORDER for Clerk to CLOSE CASE signed by District Judge Anthony W. Ishii on 4/13/2021. CASE CLOSED. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DARRYL BURGHARDT,
Plaintiff,
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v.
L. BORGES, et al.,
Defendants.
1:17-cv-01433-AWI-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL
(ECF No. 32.)
ORDER DISMISSING CASE, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM
ORDER FOR CLERK TO CLOSE CASE
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Darryl Burghardt (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action 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 January 26, 2021, findings and recommendations were entered, recommending that
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this case be dismissed based on Plaintiff’s failure to state a claim upon which relief may be
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granted under § 1983. (ECF No. 32.) On February 16, 2021, Plaintiff filed objections to the
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findings and recommendations. (ECF No. 34.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) 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,
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including Plaintiff’s objections, the court finds the findings and recommendations to be supported
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by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The findings and recommendations issued by the Magistrate Judge on January 26,
2021, are adopted in full;
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2.
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This action is dismissed, with prejudice, based on Plaintiff’s failure to state a
claim upon which relief may be granted under § 1983; and
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3.
The Clerk of Court is directed to close this case.
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IT IS SO ORDERED.
Dated:
April 13, 2021
SENIOR DISTRICT JUDGE
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