Greene v. Karlow et al

Filing 29

ORDER ADOPTING 26 Findings and Recommendations and DISMISSING Action for Failure to State a Cognizable Claim for Relief 25 ; The Clerk of Court Shall Close this Case, signed by District Judge Anthony W. Ishii on 12/17/2019. CASE CLOSED. (Orozco, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FLOYD GREENE,

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Plaintiff,

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v.
NORM KARLOW, et.al.,

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Defendants.

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Case No.: 1:18-cv-00655-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
ACTION FOR FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF
[ECF No. 26]

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Plaintiff Floyd Greene is appearing pro se and in forma pauperis in this civil rights action

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

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 5, 2019, the Magistrate Judge issued Findings and Recommendations recommending

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the action be dismissed for failure to state a cognizable claim for relief. The Findings and

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Recommendations were served on Plaintiff and contained notice that objections were to be filed within

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twenty-one (21) days. On June 24, 2019, Plaintiff filed objections.
In his objections, Plaintiff continues to claim that he has stated a cognizable retaliation claim.

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However, despite being advised in several orders, Plaintiff has failed to present a cognizable sexual

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harassment and/or retaliation claim in his second and third amended complaints, and further leave to

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amend is not warranted. (ECF Nos. 21, 24, 25, 26.) Accordingly, dismissal of the action is warranted.

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

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novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, the

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Court finds the Findings and Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations issued June 5, 2019, are adopted in full;

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Plaintiff’s claims are dismissed for failure to state a cognizable claim for relief; and

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3.

The Clerk of Court shall close this case.

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IT IS SO ORDERED.
Dated: December 17, 2019
SENIOR DISTRICT JUDGE

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