Trotter v. Pfeiffer

Filing 52

ORDER ADOPTING 51 Findings and Recommendations, and Dismissing Action, With Prejudice, for Failure to State a Claim, signed by District Judge Lawrence J. O'Neill on 1/14/20. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES TROTTER, 12 13 14 15 Plaintiff, v. Case No. 1:18-cv-00259-LJO-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM WARDEN PFEIFFER, et al., (ECF No. 51) Defendants. 16 17 Plaintiff James Trotter is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 19, 2019, the assigned Magistrate Judge issued findings and 21 recommendations recommending dismissal of this action, with prejudice, for failure to state a 22 cognizable claim upon which relief may be granted. (ECF No. 51.) The findings and 23 recommendations were served on Plaintiff and contained notice that any objections thereto were 24 to be filed within fourteen (14) days after service. (Id. at 17.) No objections have been filed, and 25 the time in which to do so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 28 Magistrate Judge’s findings and recommendations are supported by the record and proper 1 1 analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 5 are adopted in full; 2. 6 7 The findings and recommendations issued on December 19, 2019, (ECF No. 51), This action is dismissed, with prejudice, due to Plaintiff’s failure to state a claim upon which relief may be granted; and 3. The Clerk of the Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 14, 2020 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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