Johnson v. Scalia et al

Filing 46

ORDER ADOPTING 44 Findings and Recommendations, signed by District Judge Dale A. Drozd on 3/11/2021. 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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CARL JOHNSON,

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No. 1:18-cv-00061-DAD-HBK (PC)

Plaintiff,

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v.

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J. SCALIA, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. No. 44)
Defendants.

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Plaintiff Carl Johnson is a former state prisoner proceeding pro se and in forma pauperis

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in 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.

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On September 11, 2020, the then-assigned magistrate judge issued findings and

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recommendations, recommending that defendants’ unchallenged motion for summary judgment

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(Doc. No. 41) be granted and that this case be closed with judgment being entered in favor of

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defendants. (Doc. No. 44.) Those findings and recommendations were served on plaintiff and

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contained notice that any objections thereto were to be filed within thirty (30) days after service

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of the findings and recommendations. (Id. at 6.) To date, no objections to the findings and

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recommendations have been filed with the court, 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 the 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.

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The findings and recommendations issued on September 11, 2020 (Doc. No. 44)
are adopted in full;

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2.

Defendants’ motion for summary judgment (Doc. No. 41) is granted; and,

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3.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

March 11, 2021
UNITED STATES DISTRICT JUDGE

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