Jercich v. California Department of Corrections and Rehabilitation et al

Filing 60

ORDER ADOPTING 59 Findings and Recommendations signed by District Judge Lawrence J. O'Neill on 1/24/2020. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE SHELDON JERCICH,

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Case No. 1:18-cv-00032-LJO-EPG (PC)

Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.

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(ECF Nos. 55, 56, 57, 59)

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,
Defendants.

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Plaintiff, George Sheldon Jercich, is a former state prisoner proceeding pro se in this civil

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

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

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On December 23, 2019, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations recommending that that the motion to dismiss filed by Defendant Smith be

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granted and that the motion for reconsideration filed by Plaintiff be denied. (ECF No. 59.)

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Plaintiff was provided an opportunity to file objections to the findings and

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recommendations within twenty-one days. Plaintiff has not filed any objections and the time to do

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so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), 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, the Court hereby orders that:

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1.

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The findings and recommendations entered December 23, 2019 (ECF No. 59) are

adopted in full;

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2.

Defendant Smith’s motion to dismiss (ECF No. 56) is GRANTED;

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3.

Plaintiff’s motion for reconsideration (ECF No. 57) is DENIED;

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4.

Plaintiff’s Fourth Amended Complaint (ECF No. 55) is DISMISSED WITH

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PREJUDICE.
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The Clerk of Court is respectfully directed to close this case.

IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill _____

January 24, 2020

UNITED STATES DISTRICT JUDGE

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