(PC) Leslie v. Claborn et al

Filing 35

ORDER ADOPTING 34 Findings and Recommendations, DISMISSING the Complaint for Failure to State a Claim, and DIRECTING the Clerk of Court to CLOSE the CASE signed by District Judge Dale A. Drozd on 1/6/2022. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DESHAWN DESHAY LESLIE, 12 Plaintiff, 13 14 v. JEREMY CLABORNE, et al., 15 Defendants. No. 1:19-cv-00366-NONE-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE COMPLAINT FOR FAILURE TO STATE A CLAIM, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE (Doc. Nos. 32 AND 34.) 16 17 18 19 Plaintiff Deshawn Deshay Leslie is a state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to 21 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). 22 On November 30, 2021, the assigned magistrate judge issued findings and 23 recommendations, recommending that this case be dismissed due to plaintiff’s failure to state a 24 claim. (Doc. No. 34.) The pending findings and recommendations were served on plaintiff and 25 contained notice that any objections thereto were to be filed within fourteen (14) days from the 26 date of service. (Id.) To date, no objections to the findings and recommendations have been 27 filed with the court, and the time in which to do so has now passed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted 2 a de novo review of the case. Having carefully reviewed the entire file, the court finds the 3 findings and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. 6 The findings and recommendations issued by the magistrate judge on November 30, 2021, are adopted in full; 7 2. This case is dismissed due to plaintiff’s failure to state a claim; and 8 3. The Clerk of the Court is directed to assign a district judge to this case for the 9 purposes of closure and then to close this case. 10 11 12 IT IS SO ORDERED. Dated: January 6, 2022 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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